- (1.) COMPANY Petition has been filed U/S.560(6) of Indian Companies Act, 1956 for restoration of name of COMPANY (ACL Distilleries Ltd) name whereof has been struck off by respondent-Registrar of Companies vide notification dt.15/01/2008 published in official Gazette of India (Ann.4).
(2.) AFTER the notices were duly served, Registrar of Companies filed the reply and in para 6, it has been averred ad infra: "6. That as per the record maintained in the Office of the Registrar of Companies, the petitioner company was originally incorporated in the name of Ajanta Chemicals private Limited on 05/05/1984. Thereafter the name of the Company was changed to Ajanta Chemicals Limited w.e.f. 30/01/1995 and thereafter the name of the further changed to ACL Distilleries Limited w.e.f. 09/11/1995 and necessary certificate to this effect was issued to the company. It is also submitted that during the process for change in the name of company, the registration number of the company remained unchanged. In this regard, it is submitted that inadvertently, the factum of the change in the name of the company was not updated in the records of the office. It is further submitted that due to implementation of MCA-21 (Computerization of the working the Ministry of Corporate Affairs) the record of the company was shifted from NIC system to MCA portal; however the date relating to the company could not be updated. The present petition has been filed in the name of M/s Ajanta Chemical Industries Limited. The company may be directed to file the petition in correct name or if the Honble the Court is pleased to allow the present petition for restoration of name of the company, correct name i.e. ACL Distilleries Limited may be taken on record." However, an application was filed by petitioner Company on 23/02/2012 seeking amendment in the cause title on the premise that name of Company (Ajanta Chemicals (India) Ltd) has been changed to ACL Distilleries Ltd w.e.f. 09/11/1995 in support whereof, certificate of incorporation consequent upon change in name of the Company was filed. Copy of the application was served upon Counsel for ROC who has no serious objection regarding amendment in the cause title which was allowed vide order dt.29/03/2012 and amended cause title was taken on record. It is relevant to record that in para 5 of the reply it has been specifically averred ad infra: i "5. ..Therefore, as per the aforesaid provision of the Companies Act, 1956 and as per averments made by the petitioner, the office of the answering respondent has no objection if the company is restored on a reasonable cost on the register of companies under sub-section 6 of section 560 of the companies Act, 1956 by the Honble Court provided that the company should file the balance sheet and the annual returns for all assessing period. It is further stated that the present petition has been made for commencement of the business by the company which has already been struck off being defunct." "It is further submitted that there is provision in the Companies Act, 1956 for restoration of the name of the company on the register of companies and apart from the reasons for reviving the company stated in the aforesaid paras of petition, the contributories/members of the company are otherwise also interested in revising the company as there would be no adverse impact on public interest or in the interest of any shareholder of the company." In view of the specific reply (supra), that Registrar of Companies has no objection if the name of the Company is restored and in reviving name of the Company, it has no adverse impact on public interest or in the interest of any share holder of the Company. But at the same time, it has been averred that the statutory requirement of Ss.159 & 220 of the Co. Act has not been complied with and since the Company has come forward with reasonable explanation, the costs may be imposed upon petitioner-Co. for restoration of its name. In view the reply (supra), present application deserves to be allowed but with costs. Consequently, company petition is allowed with costs of Rs.10,000/-(Ten thousand). Respondent is directed to restore name of the Company (M/s ACL Distilleries Limited, Plot No.120, Matsya Industrial Area, Alwar) in the Register of Companies maintained by respondent provided aforesaid costs of Rs.10,000/- is deposited besides requisite fees as well as additional fees under the Co. Act. Appropriate order be passed in regard to restoration of name of the Company. However, it is made clear that the Company will furnish its balance sheet & annual returns for all preceding assessment years in terms of relevant provisions of Indian Companies Act, 1956, which could not have been furnished to the Registrar of Companies.;