LAWS(NCLT)-2017-8-83

RASTOGI ENTERPRISES PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES

Decided On August 07, 2017
RASTOGI ENTERPRISES PRIVATE LIMITED Appellant
V/S
REGISTRAR OF COMPANIES Respondents

JUDGEMENT

(1.) M/S Rastogi Enterprises Private Limited had originally approached Hon'ble High Court of Delhi by filing the instant petition under Section 560 (6) of the Companies Act, 1956. The petition was transferred to the National Company Law Tribunal in pursuance of notification No. D.L.-33004/99 dated 07.12.2016 issued by Ministry of Corporate Affairs. It is appropriate to mention that Registrar of Companies, NCT of Delhi and Haryana has struck off the name of the petitioner company from its register after passing an order dated 31.05.2007 which was published in the official gazette dated 23.06.2007 (Annexure II). The petitioner has claimed that it was never served any show cause notice as provided under Section 560 (1) and (2) of the Companies Act, 1956 before striking off its name from the register of the Registrar of Companies and therefore, the order has been passed against the basic principles of natural justice. It is claimed that the petitioner company was carrying on its business/operations at the time of passing the order on 31.05.2007 which was later published in the official gazette on 23.06.2007 (Annexure II). The petitioner further claimed that it has been preparing its annual accounts regularly and getting the same audited by statutory auditors. The annual accounts are also approved by the members of the company in a duly convened the Annual General Meeting of all the Members in accordance with the time prescribed under the provisions of the Companies Act, 1956.

(2.) It is the case of the petitioner that the job for preparation and filing of the Income Tax Returns, Annual Accounts and the Annual Returns of the petitioner company was entrusted to a firm of Chartered Accountants, The said firm of the Chartered Accountants did not carry out the job entrusted to them and on account of non-filing of the returns, the name of the petitioner company has been struck off. However, no annual account/annual return have been filed after the financial year ended 31.03.2003. A certified copy of the Annual Accounts duly audited by the Statutory Auditors of the petitioner company for the financial year ended 31.03.2003 to 31.03.2013 have been placed on record (Annexure III).

(3.) On behalf of the company the petition has been filed by Mrs. Sadhana Rastogi and Mrs. Chaman Bano who claim to be Directors and Members of the Company. It is claimed that both the petitioners hold 5000 shares each in the share capital of the company and have given their consent to file the present petition with the prayer for restoration of its name on the register of the Registrar of Companies. In support of the petition they have filed their individual affidavits as well.