M/S. Sonastar Electronics Pvt Ltd vs ....
2010 Latest Caselaw 5262 Del

18
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

+        CO.PET. 276/2009

         M/S SONASTAR ELECTRONICS
         PRIVATE LIMITED                   ..... Petitioner
                       Through Mr. Anuj K. Sinha, Advocate

                     versus

         ..                                    ..... Respondent
                           Through     (Appearance not given)

         CORAM:
         HON'BLE MR. JUSTICE SANJIV KHANNA

                ORDER

% 19.11.2010

1. This petition under Section 560(6) of the Companies Act, 1956

('Act' for short) has been filed for restoration of the name of M/s Sona

Star Electronics Pvt. Ltd. in the register maintained by the Registrar of

Companies.

2. Name of the petitioner company was deleted and removed from

the register pursuant to the Gazette notification dated 26th April - 2nd

May, 2008.

3. Registrar of Companies in their reply has stated that the petitioner

did not file their annual reports and balance sheets for the period

March/September, 1999 till March/September, 2008. It is stated that

notices were issued under Section 560(1), (2) and (3) and ultimately

under Section 560(5) of the Act but there was no response. However,

alongwith the reply Registrar of Companies has not placed on record,

copy of the said notices and proof of dispatch/service. The petitioner has

disputed issue of receipt of the said notices. However, petitioner has

admitted defaults in filing of annual returns and balance sheets for the

said period.

4. It is stated in the petition that the petitioner has prepared the

annual returns and balance sheets and the same can be filed with the

Registrar of Companies. It is stated that the petitioner is ready and

willing to pay for the expenses and costs incurred by the Registrar of

Companies.

5. Alongwith the rejoinder, the petitioner has enclosed NOC of the

shareholders and Directors of the company except Mr. Chatinya Bedi. It

is stated that Mr. Chatinya Bedi has only 10 shares in the petitioner

company, out of paid-up and subscribed equity share capital of 1,000

shares.

6. In these circumstances, it is directed that the name of the

petitioner company will be restored in the register maintained by the

Registrar of Companies subject to following conditions:

a. The petitioner will pay cost of Rupees One Lakh to the

Registrar of Companies towards the expenses/costs. The said

cost will be paid within 4 weeks.

b. The petitioner will file balance sheets and annual reports

within 4 weeks from the date the name of the petitioner

company is restored in the record of Registrar of Companies.

The petitioner will be liable to pay necessary fee including late

fee.

c. Directors of the petitioner company will file an undertaking in

the Court stating that they shall comply with the provisions of

the Act and regularly file the annual returns and balance sheets

with the Registrar of Companies in accordance with law.

7. This court has not expressed any opinion whether the petitioner

or their Directors have committed any offence or whether they are

entitled to compounding of the alleged offences.

Petition is disposed of.

SANJIV KHANNA, J.

NOVEMBER 19, 2010 vld