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2014 Supreme(Del) 3058

SANJEEV SACHDEVA
Nitasha Gaurav Exports Pvt. Ltd. – Appellant
Versus
Registrar of Compnies NCT Of Delhi & Haryana – Respondent


For the Petitioner:Mr. Manoj Kumar Garg, Mr. R.K. Rana, Advocates.
For the Respondent: Mr. P.L. Malik, Deputy ROC.

JUDGMENT :

Sanjeev Sachdeva, J. (Oral):--

1. The petitioner company has filed the present petition under Section 560 (6) of the Companies Act seeking restoration of the name of the petitioner company in the records of the Registrar of Companies.

2. The company was incorporated on 5th November, 1992. The name of the company was struck off from register of Companies by order dated 31st May, 2007.

3. It is submitted that since the incorporation, the company has been regularly complying with the provisions of the Companies Act and filing the statutory documents with the Registrar of Companies. It is submitted that the statutory documents till the year 2007 have been filed.

4. It is stated that on account of an inadvertent error and lapse of an Accountant, the statutory records could not be filed after 2007. The fact of non filing of the requisite documents came to the notice of the Directors and Shareholders in June 2013. It is submitted that the company had been regularly paying the Income Tax. It is submitted that the lapse was inadvertent and on account of bonafide circumstances beyond control of the Directors and Shareholders.

5. The petitioners have undertaken that the petitioners shall










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