Delhi High Court
M/S. Gosain Impex (P) Limited vs The Registrar Of Companies on 22 December, 2014
$~16
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 441/2014
M/S. GOSAIN IMPEX (P) LIMITED ..... Petitioner
Through: Mr. Mayank Kumar and Mr.
Ashwani Kumar, Advocates
Versus
THE REGISTRAR OF COMPANIES ..... Respondent
Through: Mr. Atma Sah, Asst. ROC
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 22.12.2014
1. The present petition has been filed under Section
560(6) of the Companies Act, 1956 for restoration of
the name of the company M/s Gosain Impex (P) Ltd.
(hereinafter referred to as Petitioner Company) in the
register of the Registrar of Companies.
2. The Petitioner Company was incorporated vide
certificate of incorporation dated 05.07.1990, as a
private limited company.
3. Learned counsel for the Petitioner submits that the
Petitioner Company has posted a loss of Rs. 7,720/- in
the year ended on 31.03.2000. The Petitioner Company
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was closely held by family and friends of Gosain
Family. The Petitioner Company had invested the
amount in fixed assets in the form of land for the
promotion of its objectives.
4. Learned Counsel for the Petitioner Company submits
that the Balance Sheets and the Annual Returns of the
Petitioner Company could not be filed due to change in
jobs of the respective personnel of the company and
subsequently the Petitioner Company was unable to file
the same because of the introduction of E-filing
Procedures.
5. It is stated that the shareholders and directors have
passed a Resolution seeking revival of the Petitioner
Company as in the present business scenario there is a
possibility of doing good business and procuring good
business in construction segment.
6. The Board of Directors in the meeting held on
01.07.2014 has come to know that the necessary
documents had not been filed with the Register of
Companies and further decided to take steps in the
present petition and seek revival of the Petitioner
Company. The Board of Directors have undertaken to
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make the statutory compliance and file the requisite
statutory records and the Balance Sheets in accordance
with law.
7. When the documents i.e., Annual Returns and Balance
Sheet, etc., were sought to be filed on website of the
Ministry of Corporate Affairs, the Directors came to
know that name of the Petitioner Company has been
struck of for the failure to file requite statutory
documents.
8. Further, it is submitted that the name of the Petitioner
Company was struck off from the register of the
Registrar of Companies and was published in the
Gazette of India dated June 23 - June 29, 2007.
9. The notice was issued to the Registrar of Companies
who has filed a reply disputing that procedure was not
followed. It is contented that the procedure was duly
followed and due intimation and notice was given to
the Petitioner Company prior to striking off the name
of the Petitioner Company.
10. The Registrar of Companies has submitted that the
Petitioner Company has not filed its statutory
documents i.e. Annual Returns from 2001 to 2014 and
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Balance Sheets as at 2001 to 2014. i.e., Annual Returns
from the years 1999 to 2006. Further, is submitted that
Mr. Som Nath Gosain, Mr. Satish Kumar Gosain and
Mr. Ashok Kirki were directors and also when the
name of the Petitioner Company was struck from the
register of Registrar of Companies.
11. The Registrar of Companies has submitted that subject
to the Petitioner making statutory compliances, the
Registrar of Companies does not have any objection
with the restoration of the name of the company and
further subject to the filing of all statutory documents
i.e., Annual Returns from the years 2001 to 2014 and
Balance Sheets as on 2001 to 2014 and also the other
documents with the requisite fee as well as additional
fee as applicable on the date of actual filing of the
documents.
12. Learned counsel for the Petitioner undertakes that the
Petitioner shall make the requisite statutory
compliances and shall file the statutory documents.
13. In view of the above, the petition is allowed. Subject to
payment of costs of Rs. 1,00,000/-, the name of the
Petitioner Company is restored on the Register of the
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Registrar of Companies and further subject to the
Company filling all the statutory documents and returns
for the outstanding period along with the prescribed
fees in accordance with the law.
14. Accordingly, upon payment of costs of Rs.1,00,000/-
within a period of two weeks from today, name of the
Petitioner Company shall stand restored.
15. On receipt of the cost, the Registrar of Companies shall
change the status of the company as "Active". The
petitioner shall thereafter make the necessary statutory
compliances and file the statutory documents with the
requisite fee and additional fee as applicable.
16. The petition is, accordingly, disposed of.
17. Copy of order be given Dasti under Signature of the
Court Master
SANJEEV SACHDEVA, J
DECEMBER 22, 2014
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