KISHOR KHUSHALCHAND SHAH Vs. REGISTRAR OF COMPANIES, PUNE

JUDGEMENT

(1.) This companv petition is filed by Mr. Kishor Khushalchand Shah, Director & Shareholder of M/s. Ramshailya Developers Pvt. Ltd. seeking relief against the respondent, to restore the name of the company in the register of companies and to grant one months' time, from the date of restoration, to the company to file the pending Forms and Returns in compliance of provisions of Companies Act, 1956 and Companies Act, 2013.

(2.) The Petitioner states that the Company inadvertently tailed to adhere to the statutory requirement of filing the Financial statements and the Annual Returns with the Respondent for the Financial Years ended 31.3.2011 to 31.3.2016 and the same has given a reasonable cause to the Respondent to believe that the Company was not carrying on any business or operations for a period of two years immediately preceding the Financial Years. Accordingly, the Respondent issued notice in Form No.STK-1 on 9.3.2017 intimating its intention to remove the name of the Company from the Register of Companies, Pune and there being no reply for the same, struck off the company by issuing Public Notice in STK-5 on 7.4.2017.

(3.) The Petitioner states that late Mr. Rajeev Ramling Kore was on the Board of the Company till 8.7.2013 and he was assigned the responsibility of the handling the Administrative work relating to filing of statutory returns with the Registrar of Companies, Pune and subsequent to his sad demise on 8.7.2013, the responsibilities assigned to him were not handed over properly. Since the other Directors were constantly travelling the company could not reply to the letter of Registrar of Companies, Pune for striking off of the company.