CLIVE ANTHONY WHEELDON Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) The Petitioners filed this Company Petition seeking relief against the respondent to restore the name of the company in the Register of Companies maintained by the Respondent.

(2.) The Petitioners submit that the Respondent struck off the name of P3 company from the Register of Companies maintained bv it, stating that the company has not been carrying on business or operations for a period of two immediately preceding financial years and has not made any application within the stipulated period for obtaining the status of Dormant Company, by a Public Notice in Form No.STK-7 dated 11.7.2017. The Petitioners further submit that the Respondent without giving notice in Form STK-1, published a public notice dated 7.4.2017 along with the list of Companies in Form No.STK-5, but the response for the oral enquiry with the Respondent revealed that the notice in Form STK-1 was issued by the Respondent, but the company never received such notice. The Petition reveals that the Annual Accounts and Annual Returns for the Financial Years 2014-15, 2015-16 and 2016-17 have not been filed by the Company with the Respondent.

(3.) The Petitioners further submits that the company is active and a going concern carries on business since incorporation till date and also disclosed substantial amount as turnover for the years ended on 31.3,2016 and 31.3.2017. They say that the company has filed Income-tax Returns, Service Tax Returns, MVAT returns and GST returns with appropriate authorities on regular bases. The company has also enclosed the Bank Account statement of ICICI Bank, HDFC Ban and HSBC Bank to show that the company is a going concern.