HARE RAM SINGH CONSTRUCTION PRIVATE LIMITED Vs. UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT OF LAW AND JUSTICE AND COMPANY AFFAIRS, NEW DELHI

JUDGEMENT

(1.) HEARD learned counsel for the sole petitioner as well as learned counsel for both therespondents.

(2.) THE instant company petition has been filed by petitioner -Hare Ram Singh Construction Private Limited under Section 560(6) of the Companies Act, 1956 (hereinafter referred to as 'the Act ' for the sake of brevity) for restoring the name of the Company in the register kept with the Registrar of Companies and for other ancillary reliefs. Learned counsel for the petitioner submits that the petitioner is a private limited company duly incorporated under the Act on 23.2.1990 vide Registration No. 03 -3886 of 1989 -90 and since then it is doing construction work under various departments of the Government and had been regularly filing Profit and Loss Account, Balance Sheet and Annual Return in appropriate forms before the Registrar of Companies from 1989 -90 to 2002 -03, but due to some inadvertence Profit and Loss Account, Balance Sheet and Annual Return of the Company could not be filed from 2003 to 2006 before the Registrar of Companies as required under Sections 159 and 220 of the Act.

(3.) LEARNED counsel for the petitioner submits that the Company is still functioning, but it could not comply the said formalities as Profit and Loss Account, Balance Sheet and Annual Return were to be prepared by its Chartered Accountant, namely, M/s P.R. Bhagat and Company, Kolkata, but the said Chartered Accountant did not act according to the directions of the Company whereas the Managing Director of the Company was under the impression that the said formalities were being completed by its said Chartered Accountant. It is also stated that only when a notice from the Registrar of Companies was received by the Company asking as to whether the Company was in operation, the Managing Director of the Company came to know about the said matter and considering its urgency he himself enquired from the said Chartered Accountant about the filing of the said documents, but the Chartered Accountant stated that he had not submitted Profit and Loss Account, Balance Sheet and Annual Return etc. since 2003 -04.