Parihar Minerals Private Limited vs Registrar of Companies Uttarakhand

Alok Singh, J.

Mr. Rakesh Thapliyal, learned Assistant Solicitor General of India, appearing for the respondent, has handed over counter affidavit in the Court which is taken on record. Present petition is filed under Section 560(6) of the Companies Act, 1956 read with Rule 9, 11(a)(21) and 92 to 94 of the Companies Court Rules, 1959.

Undisputedly, M/s. Parihar Minerals Pvt. Ltd. was incorporated under the Companies Act on 14.02.1994 and certificate of incorporation No. 20-16111 of 1994 was issued to the petitioner Pvt. Ltd. Company. Shri Jawahar Singh Parihar and Smt. Kunit Parihar were promoters of the petitioner Pvt. Ltd. Company. All the balance sheets and annual returns were submitted by the petitioner Company with the Registrar of the Companies till 1998, however, thereafter, no return or balance sheet was submitted before the Registrar of the Companies to prove that company was actually carrying out any business as per the object of the Company.

Registrar Companies issued notice on 15.10.2009 informing the petitioner Company that Registrar of the Company intended to inquire as to whether Company was carrying on business or actually in operation. Such notice was sent on the registered address of the Company, however, no reply was submitted by the Contractor/promoter or by the petitioner Company, thereafter, subsequent notices was got issued to the petitioner Company on 02.12.2009 and 21.09.2010, however, no reply or explanation was ever furnished by the petitioner Company and ultimately, Registrar of the Companies was pleased to pass order dated 11.05.2010, dissolving the Company and consequently, to struck off the name of the petitioner Company from the register duly maintained by the Registrar of the Companies.

Learned counsel for the petitioner Company submitted that husband of the petitioner Company, namely, Jawahar Singh Parihar was looking after all the affairs of the company, however, all of a sudden, litigations started and he was involved in pursuing the litigations, therefore, he could not submit the returns and balance sheets within time with the Registrar of the Companies. Learned counsel for the petitioner further contended that petitioner Company was and still is actually in operation and now all the accounts are got prepared and audited by the Chartered Accountant which shall be submitted by the Registrar Companies within such time as this Court deems fit. He further contends that as per sub-section (6) of Section 560 of the Companies Act, 1956, name of the company can be restored in the register duly maintained by the Registrar of the Companies, if this Court deems it just and proper.

Since petitioner Company is ready and willing to submit all the audited accounts and balance sheets and to deposit the fee with the Registrar of the Companies within such time as this Court deems fit, therefore, in the peculiar facts and circumstances of the case, name of the petitioner Company should be restored in the register duly maintained by the Registrar of the Companies. Consequently, petition is disposed of with the direction that name of the petitioner Company shall stand restored in the register duly maintained by the Registrar of the Companies and petitioner Company shall file balance sheets, returns and prescribed fee with the Registrar of the Companies within four weeks from today positively. Registrar Companies, thereafter, shall be at liberty to examine the same and make such further inquiry as Registrar Companies deems fit to find out as to whether petitioner Company is still working and in operation and to pass appropriate orders in accordance with law.