NUMEN ENTERPRISES PVT. LTD. Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) Heard Ms. M. Jain, learned counsel appearing for the petitioner. I have also heard Mr. S. C. Keyal, learned Assistant Solicitor General of India representing the respondent.

(2.) The present petition has been filed under Section 463 read with 454 of the Companies Act, 2013 making a prayer under Section 403 read with Section 454 of the Companies Act, 2013 to absolve the petitioner company from payment of the additional fee for the purpose of submitting its returns with effect from 2007. The prayer of the petitioner is based on the observations made by this Court in an earlier order dated 30/03/2015 passed in Company Petition No. 14/2014.

(3.) The name of the petitioner M/s. Numen Enterprises Pvt. Ltd. was struck off from the records of the Registrar of Companies on 20/01/2012 on the ground of successive default in filing the statutory returns. Having learnt about the aforesaid order of Registrar of Companies (for short RoC), the petitioner had approached this Court by filing a petition under Section 560(6) of the Companies Act, 1956, registered and numbered as Co. Pet. No. 14/2014, inter-alia contending that the procedure followed by the RoC for striking off the name of the company was illegal. Taking note of the submission advanced by the learned counsel for both parties, this Court had disposed of the Company Petition No. 14/2014 by the order dated 30/03/2015 with the following observations and directions :-