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Judgment
Hon''ble Bharati Sapru, J.—Heard Learned Counsel for the petitioner and Sri Shahid Kazmi Learned Counsel appearing for the respondent. This is a petition by the applicant Company Ghaziabad Cold Storage and Ice Factory Pvt. Ltd., u/s 560(6) of the Indian Companies Act, 1956, which is being filed against the notification dated 11.5.2010, published by the Registrar of Companies, Uttar Pradesh and Uttranchal in the gazette by which the name of the Company has been struck off from the register of the Companies at Kanpur. Pleadings have been exchanged.
The petitioner Company states that after its incorporation in the year 1983 it was continuously carrying on the business of cold storage.
The case as set up by the Company is that the Company had entrusted the work of filing its annual return, balance sheet and other records before the office of the Registrar of the Companies at Kanpur to a part time Accountant. However, the Accountant did not fulfill his job properly with the result that the Company failed to comply with the requirements necessary before the Registrar of Companies.
In the Counter Affidavit filed by the Registrar of Companies it has come on record that because the Company did not comply with the requirements of filing the necessary documents and returns before the Company, notices were issued to the Company u/s 560(1), (2) and (3) and thereafter when no response came from the Company its name was struck off from the register of the Company which was published in the gazette, dated 11.5.2010.
In reply to the contents of counter affidavit filed by the Registrar of the Companies, the Company has stated that it had with it all the necessary documents and in fact running its business regularly and it is only on account of the fact that the Accountant hired by it did not fulfill his duties within time and thus the default had occurred.
The Company states that it has in fact all the required papers and documents including its audited balance sheet to show that the Company has been functioning regularly in all these years and grievous prejudice shall be caused to the Company in case its name is not restored in the register.
In view of the fact, that the Company states that it has all the necessary documents right from the beginning, this Court is of the view that one opportunity may be given to the Company by the Registrar of the Companies and it may allow the Company to file all the necessary documents before it. The Registrar of the Company may examine these documents and their genuineness and after considering the matter on merits may restore the name of the Company on its register.
The Company is allowed the period of one month from today to file all its documents before the Registrar of the Companies. The Registrar of the Companies as stated above may examine the genuineness of all these documents and papers and examine the matter on merits and in accordance with law and thereafter may restore the name of the Company in the register within a period of one month thereafter. With the aforesaid direction this petition is disposed of.