Bharati Sapru, J. - (1.) 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., under Section 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.
(2.) 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.
(3.) 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 under Section 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.;