AJIT PURUSHOTAM CHAPHALKAR Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This company petition is filed by Mr. Ajit Purushotam Chaphalkar, Director and Shareholder of M/s. Avanti Minmg Tools Pvt. Ltd. seeking relief against the respondent to restore the name of the company in the register of companies maintained by the Respondent, and to grant six months' time to the company to file the pending forms and returns compliance with the Presions of the Companies Act, 1956 and Companies Act, 2013 with the Registrar of Companies, Pune.

(2.) The Petitioner states that the Respondent struck off the name of the Company from the Register of Companies, maintained by it without giving any notice to the Company or to the Directors, vide Public Notice No.ROCP/STK- 7/248(5) /2017/PUB/l dated 11.7.2017.

(3.) The Petitioner submits that, previously, the Ministry of Corporate Affairs, Government of India vide Notification No.006/560/5/1670(i) dated 30.6.2008 struck off the name of the Company from Register of Companies and dissolved the company, against which this company filed Petition before Hon'ble High Court, Bombay and the name was restored by a conditional Order of the Hon'ble High Court of Bombay, dated 22.4.2016, however, due to the nonfulfillment of the conditions by the Company, on an application for extension of the order dated 22.4.2016, time extension was granted by the High Court for fulfillment of conditions imposed in the original order and due to certain technical issues the company could not upload the forms in time. Subsequently the Respondent issued letter No.ROCP/STK-1/2017/6863 dated 7.3.2017 and finally struck off the name of the company ion 11.7.2017.