Delhi High Court
M/S Rakesh And A Realtors (P) Ltd vs The Registrar Of Companies on 14 October, 2014
$~44
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 400/2014
M/S RAKESH AND A REALTORS (P) LTD.
..... Petitioner
Through: Mr. Chandra Shekhar
Yadav, Advocate
Versus
THE REGISTRAR OF COMPANIES,
..... Respondent
Through: Mr. Rajneesh K. Singh,
Assistant ROC
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 14.10.2014
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 Rakesh & A Realtors (P)
Ltd in the register of the Registrar of Companies.
2. The petitioner company was incorporated vide
certificate of incorporation dated 14.7.1997, as a
private limited company.
3. It is contended that petitioner company was
incorporated in the year 1997 and is an old company
and was doing business in the field of real estate and
construction.
4. It is stated that the shareholders and directors have
passed a resolution seeking revival of the company as
in the present business scenario, there is a possibility of
doing good business and procuring good business in
construction segment.
5. The Board of Directors in the meeting held on
23.05.2014 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 company. The
Board of Directors have undertaken to make the
statutory compliance and file the requisite statutory
records and the balance sheets in accordance with law.
6. When the documents i.e. Annual Returns and Balance
Sheet, etc sought to be filed on website of the Ministry
of Corporate Affairs, the Directors came to know that
name of the company has been struck of for the failure
to file requite statutory documents .
7. Further, it is submitted that the name of the company
was struck off vide notice dated 23.7.2007. The
petitioners have contended that the balance sheets of
the petitioner company were prepared from time to
time, however, it was only recently discovered that
none of the Balance sheets and the statutory records
have been filed with the Registrar of Companies. It is
contended that the accountant did not co-ordinate and
have the documents filed.
8. The notice was issued to the Registrar of Companies
who has filed a reply disputing that procedure was not
filed. It is contented that the procedure was duly
followed and due intimation and notice was given to
the petitioner prior to stiking off the name of the
petitioner company.
9. The Registrar of Companies has submitted that as per
the records available with the Registrar of Companies,
the petitioner company had appointed Ms.Veena
Kharbanda, as Additional Director w.e.f. 15.9.1997,
Mr.Kamal Manchanda, as Additional Director w.e.f.
10.12.2004 and Ms.Anupama Nagalia, Mr. Bhupesh
Sharma as Additional Directors w.e.f. 6.6.2005
therefore no objection certificate from the directors/
other shareholders may also be filed.
10. The petitioners has filed an affidavit of Ms.Anita
Wadhera and Mr. Rakesh Wadhera, Directors of the
petitioner company, contending that the above said
person were appointed as additional directors, however,
in the subsequent Annual General Meeting, their
appointment was not confirmed and as such they
ceased to be additional directors. It is stated in the
affidavit that Ms.Anita Wadhera and Mr.Rakesh
Wadhera are the only two directors of the company.
11. In view of the affidavit filed by the petitioners, the
Registrar of Companies does not have any objection
with the restoration of the name of the company subject
to the filing of all statutory documents i.e. annual
returns from 30.09.1998 to 30.09.2013 and balance
sheets as on 31.03.1998 to 31.03.2013 and other
documents with the requisite fee as well as additional
fee as applicable on the date of actual filing of the
documents.
12. 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
Registrar of companies 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.
13. 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.
14. 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.
15. The petition is, accordingly, disposed of.
A copy of order be given Dasti under the signatures of
the Court Master.
SANJEEV SACHDEVA, J
OCTOBER 14, 2014
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