R.Varadharajan, Member - (1.) This is a Company Petition filed by the above named company represented by its Director one Mr. Ashok Arora under Section 560(6) of the Companies Act, 1956 before the Hon'ble High Court of Delhi seeking for the following reliefs: A. Directing the Respondent to forthwith rescind; cancel and/or set aside the order of striking off the name of the Petitioner Company, namely Akash Ganga Builders Private Limited from the Register of Companies; B. Directing the Respondent to forthwith restore the name of the Petitioner in the Register of Companies and to effect such restoration in the official website maintained by the Ministry of Corporate Affairs, Government of India within a fortnight from the date of passing of any order; C. To file Audited Balance Sheets, Annual Returns and other documents for the financial year 2000-2001 onwards with the Respondents; D. Such further and other order or order(s) be made and /or direction or directions be given as to this Hon'ble Court may deem fit and proper.
(2.) Facts as averred in the Petition are that the Petitioner company was incorporated on 18.8.1994 with an authorised capital of Rs.10,00,000 (ten lakhs) divided into 1,00,000 (one lakh) equity shares of nominal value of Rs.10/- each. At the time of incorporating the said company Mr. Ashok Arora and his wife Mrs. Vimal Arora were Directors of the Company and each subscribed to one share of nominal value of Rs.10 each thereby having a subscribed capital of Rs.20/-. On 11.09.2012, it is claimed that one of the Directors of the Company namely Mrs. Vimal Arora expired and that one Mr. Prabhu Dayal was inducted as a new Director and subsequent to his induction the share capital of the Company was increased by Rs. 1,50,000/-. The Petitioner further avers that the main object of the Company is to carry on the business as builders, colonizers, estate developers, architects and civil contractors and that at the time of incorporation the registered office of Company was located at 407, Indra Prakash Building, 21, Barakhamba Road, New Delhi-110 001 and that the registered office was subsequently shifted to B-20, Ansal Chamber-I, Bikhaji Cama Place, New Delhi - 110 066 on and from 16.8.1999. It was duly intimated to the Respondents on 5.9.2000 by filing relevant Form NO. 18. However, the Petitioner contends that the above said change in the registered office has not been taken note of by the Respondent - ROC. In the year 2008, the name of the Petitioner Company was struck off from the register by the Respondents vide GO dated 26.4.2008 on account of non-filing of statutory returns including balance sheet and annual returns for the year 2000 and onwards as also on account of non-enhancement of the minimum paid up capital as required under the provisions of Companies Act, 1956. However, on coming to know that the name of the Company had been struck off from the register of companies being maintained by the Respondent, the Director of the Company namely Shri Ashok Arora in the year 2013 had filed a Petition under Section 560(6) of the Companies Act, 1956 being CP No. 16/2013 before the Hon'ble High Court of Delhi seeking for the restoration of the name of the Company. However, in the said Petition the Respondent through the Deputy Registrar filed a counter affidavit raising objections to the effect that the Petitioner Company had not filed its statutory documents i.e. annual returns from 2000 to 2012 as well as the balance sheet for the same period and other forms i.e. Form-2 and Form-32 relating to allotment of shares and change in Directorship. Further, on merit it was stated that the paid up capital of the Company was only Rs.20.00 divided into 2 equity shares of Rs. 10.00 each which is less than the one contemplated under the provisions of Section 3(3) of the Companies Act, 1956. To the above said reply filed before the Hon'ble High Court in CP No. 16/2013, it is averred by the Petitioner that rejoinder on merit was also filed wherein it was pointed out that the paid up capital of the Company had already been increased and it was not below the minimum prescribed limit as per the provisions of the Companies Act, 1956.
(3.) Petitioner submits herein that taking into consideration all the above aspects, the Hon'ble High Court of Delhi vide order dated 12.7.2013 was pleased to pass the order (Annexure -D) and the same for ready reference is reproduced below: 1.This petition has been filed under Section 560(6) of the Companies Act, 1956 ('Act') seeking restoration of Akash Ganga Builders Private Limited (hereafter referred to as 'Petitioner company'). 2. The reply to the said petition dated 29th April, 2013 of the Registrar of Companies CROC) has been perused. It is pointed out that the Petitioner company has not filed its annual returns and balance sheets from 2000 to 2012 and other statutory forms. 3. In view of the facts that the annual returns and balance sheets have not been filed by the Petitioner Company for a period of nearly thirteen years, learned counsel for the Petitioner states that the Petitioner Company would pay additional cost along with filing fee, as applicable to the ROC against filing of the above said documents. 4. Having considered the above submissions, it is directed that subject to the Petitioner paying Rs.20,000/- as costs to the Central Government within six weeks, the name of the Petitioner company shall stand restored and its status would be changed from 'inactivate' to 'active'. Within eight weeks thereafter, the Petitioner will file all its statutory documents, including the annual returns and balance sheets from 2000 to 2012 and other statutory forms by filing the additional fee, as applicable, on the actual date of filing in terms of the Act and the Rules thereunder. 5. The petition is disposed of in the above terms.;