PETITIONER:
M/S GILL HEAVENS FAMES PVT. LTD.
RESPONDENT:
REGISTRAR OF COMPANY (ROC), HARYANA & DELHI
ORDER
DATED: 17/10/2017
BRIEF
FACTS OF THE CASE:
The present petition has been
filed under Section 252(3) of the companies Act, 2013 by M/s Gill Heavens Fames Pvt. Ltd. (Herein referred to as the “Petitioner Company”) with the National
Company Law Tribunal (“NCLT”) praying for restoring its
name in the Register of the companies maintained by the Registrar i.e., Registrar of Companies (Herein
referred to as the “Respondent”).
The above company was
incorporated in the year of 1997 with the Registrar of Companies, NCT of Delhi
and Haryana, The Company inter-alia
engaged in the business of dairy farming, stud farms, animals breeding
including sheep, horses, rabbits, pigs, fisheries and dairy farm produce of all
kinds, milk, cream butter, cheese, paltry eggs, fruits and vegetables condensed
milk etc.
The Registrar suo-moto struck off the petitioner
company after issuing notification under Section 560(5) in the official
gazette. The reason behind strike off was that the company have not filed its
statutory returns and other documents since its incorporation.
CONTENTION
OF THE PETITIONER:
Petitioner
contended that due steps have been taken in accordance with the statutory
provisions before striking off the name of the petitioner company from their
registrar. The action was initiated as the petitioner company did not file the
Balance Sheet and Annual Return since incorporation which was in contravention
of section 159/220 of the Companies Act, 1956, which compelled the Roc to
believe that the petitioner company was not carrying on any business and not in
operation.
Further,
petitioner also contended that the notices issued u/s 560 are not readily
traceable as the records of the ROC, NCT of Delhi & Haryana have been shifted
to Indian institute of corporate affairs (IICA).
The respondent also failed to
prove that due steps were not taken in compliance of the mandatory provisions
of the Sections 560(1), 560(2), 560(3) of the Companies Act, 1956, which are
pre-requisite for striking off the name of a company from its registrar.
In the absence of any material
to substantiate adherence to the mandatory provisions, the impugned action of
the Respondent would be arbitrary, illegal and against the principals of
natural justice.
Below are Judgements followed before the order was pronounced:
M/s
Purushottamdass and Anr (Bulakidas Mohta Co. P. Ltd.) V. Registrar of
Companies, Maharashtra & Ors., (1986) 60 Comp Cas 154 (Bom);
M/s Ascot shoes private limited V. Registrar of Companies;
M/s Pancham Hotel Private Limited V. Registrar of Company;
M/s Medtech Pharma (India) Pvt. Ltd V. Registrar of Company;
M/s Santaclus Toys Pvt. Ltd V. Registrar of Company;
M/s Deepsone Non-ferrous rolling mills Pvt. Ltd V. Registrar of Company;
M/s Kakku E and P Control Pvt. Ltd V. Registrar of Company;
M/s Sohal Agencies Pvt. Ltd V. Registrar of Company.
M/s Ascot shoes private limited V. Registrar of Companies;
M/s Pancham Hotel Private Limited V. Registrar of Company;
M/s Medtech Pharma (India) Pvt. Ltd V. Registrar of Company;
M/s Santaclus Toys Pvt. Ltd V. Registrar of Company;
M/s Deepsone Non-ferrous rolling mills Pvt. Ltd V. Registrar of Company;
M/s Kakku E and P Control Pvt. Ltd V. Registrar of Company;
M/s Sohal Agencies Pvt. Ltd V. Registrar of Company.
DECISION BY NCLT
After considering the
aforesaid judgements and foregoing, facts and circumstances NCLT allowed the
restoration of the name of the petitioner company in the Registrar of the
companies.
However, the Hon’ble court
directed the petitioner company to pay INR 1,00,000 to the Prime Minister
Relief Fund and do all compliance which should be done as if the company was
not struck off like filing of Annual return and Balance Sheet or any other
formalities to restore the name in the register of the Registrar.
Link to download judgement:
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