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Himachal Pradesh High Court · body

2011 DIGILAW 535 (HP)

Boh Tours and Travels Pvt. Ltd. v. Registrar of Companies

2011-02-22

DEV DARSHAN SUD

body2011
JUDGMENT Dev Darshan Sud, J. Petitioner is a Private Limited Company which has incorporated under the provisions of the Companies Act, 1956. The grievance of the petitioner-Company is that its name has been struck off from the register of Companies for non-compliance of its statutory obligation etc., non-filing of statutory/returns documents as required under the Act. The petitioners pleads that they came to know about this fact from the website of the ministry of corporate affairs. Annexure:P-2 has been filed in support of the contention that the name of the Company no longer exists on the register of the Companies. Other averments made in the petition are that Company is carrying on business regularly and to support this contention, the balance sheets and income tax returns etc. for the assessment year 2009-2010 have been filed. 2. Notice of this petition was issued to the Registrar of the Company, who submits in his returns: “It is submitted that there is a provision under Section 560 (6) of the Companies Act, 1956 for restoration of the name of the company on the register of companies by this Hon’ble Court and this office has no objection if the name of the company is restored on the register of companies, subject to filing of all due documents.” 3. In other words, the Registrar has no objection in restoring the name in the register of the Companies in case all the statutory returns/documents are filed by the petitioner. 4. Looking to the facts and circumstances of this case, the petition is allowed subject to the condition that the petitioner shall comply with the provisions of the Companies Act, 1956 and submits its returns/documents regularly to the Registrar of the Companies as required by law. The petitioner shall also ensure that all documents/returns/information as required by law are submitted to the Registrar of Companies. For this purpose, the petitioner is granted three months time to comply with the requirements of the Companies Act and to submit all returns/documents/information etc. which have not been filed till date. Subsequently, the petitioner shall comply with the requirements of the Act regularly. 5. The petition is disposed of. There shall be no order as to costs.