IN THE HIGH COURT OF JHARKHAND AT RANCHI
Company Petition No. 1 of 2009
Kharsawan Mineral Concern Private Limited ... Petitioner
Versus
The Union of India and others ... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE R. K. MERATHIA
For the Petitioner : Mr. Pandey Neeraj Roy
For the Opposite Parties : Mr. M. Khan
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5. 10.7.2009
: This company petition has been filed under Section 560(5) of
the Companies Act for restoring the name of the petitioner-company
to the register of the Registrar of the Companies, Bihar and Jharkhand
(Respondent No. 2) after setting aside the order as contained in letter
No. ROC/Pat/560/416/1217 dated 22.7.2008, whereby the name of
the petitioner-company has been struck off from the register vide
Gazette Notification No. 38.
It is submitted by Mr. Neeraj that due to the difficulties faced
by the company, mentioned in the petition, the returns could not be
filed for about 7 years. He further submitted that the company is
trying to revive and pay the liabilities including the Government
liabilities. He lastly submitted that no opportunity of hearing was
given to the petitioner before taking the impugned action.
Mr. Mokhtar Khan, appearing for the Registrar of the
Companies, referred to Paragraph-8 of the counter affidavit, which
reads as follows:-
“8. That in view of the reply given in the above paragraphs,
if the petitioner satisfies the Hon’ble Court that the company
was carrying on business, the Registrar of Companies has no
objection if the name of the Company is ordered to be restored
to the register maintained by the Registrar of Companies
provided that the petitioner agrees to file all the due Statutory
Returns i.e. Balance Sheet and Profit and Loss Account and
Annual Returns and other such forms if any which are required
to be filed with the Registrar of Companies within 30 days and
along with such filing fee and additional fee as per the
provisions of the Companies Act and also in compliance with
other statutory formalities.”
2.
In the circumstances, the petitioner is directed to file all the due
statutory returns as aforesaid within 30 days along with filing fee,
additional fee etc. as per the provisions of Companies Act and comply
with all other necessary formalities. On such condition, the impugned
order is set aside and the name of the petitioner-company is restored
in the register of the Registrar of the Companies.
This order is subject to payment of Rs. 10,000/- to “Deep
Shikha, Ranchi” within four weeks and filing a receipt thereof.
With these observations and directions, this company petition
is disposed of.
(R. K. Merathia)
Company Judge
MK