Soimex International Pvt Ltd vs Registrar Of Companies
2012 Latest Caselaw 5140 Del

$~18
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Date of Judgment:30.8.2012

+                  CO.PET. 195/2012

      SOIMEX INTERNATIONAL PVT LTD        ..... Petitioner
                   Through: Mr.Abhishek Vikas, Advocate.

                   versus

      REGISTRAR OF COMPANIES               ..... Respondent
                    Through: Mr.K.S. Pradhan, Dy. ROC.

      CORAM:
      HON'BLE MS. JUSTICE INDERMEET KAUR


INDERMEET KAUR, J. (oral)

1.    By way of this petition petitioner company seeks restoration of its

name in the Register of Companies under Section 560(6) of the

Companies Act, 1956 (hereinafter referred to as the Act).

2.    The petitioner company was incorporated with the Registrar of

Companies, at New Delhi on 22.9.1993 as a company limited by shares.

At the time of incorporation of the company its registered office was at

D-1089, New Friends Colony, New Delhi; thereafter the petitioner

company had changed its registered office to Y-19, Okhla Industrial

C.P.No.195/2012                                         Page 1 of 3
 Area, Phase-II, New Delhi; the petitioner had filed Form 18 read with

Section 146 of the Act with the Registrar of Companies intimating him

about the change of the address of the registered office of the company

vide receipt No.17005 dated 01.02.1995. The petitioner company had

been filing its returns since the year 1999-2000 but due to heavy losses

and lack of skilled managerial staff it could not comply with all the

statutory requirements under law and could not file its return with the

Registrar of Companies from the year 2001. Petitioner company never

received any statutory notice under Section 560(1) (2) and (3) of the

Act. The respondent had misconstrued the provisions of Section 560 of

the Companies Act and struck off the name of the company from the

register of the Registrar of Companies. The above said notices were

sent at the previous address i.e. D-1089, New Friends Colony, New

Delhi at the time when it was not functioning from the said address and

hence the petitioner could not reply to the same. Hence the present

petition.

4.    Reply filed on behalf of Registrar of Companies (ROC) has been

perused. It is submitted that the petitioner company has not filed its

statutory documents i.e. Annual Returns and Balance Sheet from 2001
C.P.No.195/2012                                        Page 2 of 3
 till date which is in contravention of Section 159/220 of the Companies

Act; the defaulter shall be liable for punishment/penalty. ROC has no

objection if the name of the Company is restored in the Register of the

Companies, however, company be directed to file the pending Annul

Returns and Balance Sheets since 2001 till date and F-18 for change of

its registered office along with the requisite late filing fee as prescribed

under the law.

5.     Keeping in view the facts and circumstances narrated by the

petitioner company herein-above as also the reply filed by the ROC the

petitioner company is permitted to file its statutory documents i.e. the

Annual Returns and Balance Sheet since 2001 till date on payment of

the requisite late filing fee. Upon the filing of the aforesaid documents,

the ROC is directed to restore the name of the petitioner in the Register

of the Companies. This order is passed subject to payment of cost of

Rs.50,000/- to be deposited with the Central Government.                 Petition

disposed of in the above terms.


                                             INDERMEET KAUR, J.

AUGUST 30, 2012 nandan