Delhi High Court
Amar Rubber(Chemicals ) India Pvt ... vs Registrar Of Companies on 11 October, 2012
Author: Indermeet Kaur
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment:11.10.2012
+ CO. PET. No.269/2012
AMAR RUBBER(CHEMICALS ) INDIA PVT LTD
..... Petitioner
Through: Mr.Mayank Kumar, Advocate.
versus
REGISTRAR OF COMPANIES ..... Respondent
Through: Mr.K.S.Pradhan, Deputy
Registrar of Companies.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
INDERMEET KAUR, J. (Oral)
1 By way of this petition, the petitioner seeks the restoration of its
name in the Register of the Registrar of Companies (ROC) under
Section 560(6) of the Companies Act, 1956 (hereinafter referred to as
the Act).
2 The petitioner was incorporated under the provisions of the Act as
a Private Limited Company with the ROC. The registered office of the
company is at 1/11-B, Asaf Ali Road, New Delhi.
3 The authorized, issued, subscribed and paid up capital of the
petitioner company as on 31.03.2011 is as follows:
Particulars Amounts (in Rs.)
Authorized share capital- 5,00,000
50,000 Equity Shares of Rs.10/-
each
Issued, subscribed and paid-up 1,53,300
share capital-
15,300 Equity Shares of Rs.10/-
each
4 The petitioner company has been carrying on the business of
manufacturing and trading of rubber chemicals, blowing agent and all
kinds of minerals and chemicals used in manufacturing, processing or
producing rubber since its incorporation. While carrying out the
business and operations of the petitioner company, it came to the
knowledge of the existing directors that certain statutory filings were
required to be done with the respondent annually as well as upon
happening of certain events, which have been inadvertently not being
done. Upon further enquiry with the respondent, the petitioner came to
know that inadvertently the statutory filing with the respondent has not
been done in terms of the provisions of the Act and the name of the
petitioner has been struck off from the register of the ROC vide Gazette
Notification No.ROC/Delhi/560(5)/SM/6003/11502 dated April 26-
May 2, 2008.
5 The petitioner has filed annual accounts till the financial year
1993-1994. Petitioner company has received no statutory notice as
contemplated under Section 560(1) of the Act hence the petitioner could
not represent its case before the respondent. The petition is within
period of limitation.
6 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 since 1994 and Balance Sheet
since 1993 which is in contravention of Section 159/220 of the Act; the
defaulter shall be liable for punishment/penalty. Notice of striking off
the name of the petitioner company from the register of the ROC under
Section 560(5) of the Act was given and published in the Official
Gazette of India on 26.4.2008. The ROC has no objection if the name
of the Company is restored in the ROC, however, company be directed
to file the pending Annul Returns since 1994 and Balance Sheets since
1993 till date along with the requisite late filing fee as prescribed under
the law.
7 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 since 1994 and Balance Sheet since 1993 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
company 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
OCTOBER 11, 2012
nandan
