G.S.C. Industries (P) Ltd. v. Registrar of Companies NCT of Delhi & Haryana

COMPANIES ACT, 1956,

--Power of Registrar to strike off defunct company from register --Non-filing of statutory returns due to valid reasons Willingness to file all statutory returns --Whether name of company be restored in register of companies--Where name of a company was struck off from register of companies due to non-filing of statutory documents, however, company was willing to file upto date all returns, name of company was to be restored.--GIPL (petitioner) carried on business of running a cinema hall without any interruption till 2002. However, with the onset of multiplexes and change in market conditions, the cinema was faced with dwindling demand and in view of major renovations required, the business of the cinema was in abeyance. During the period of abeyance, GIPL was unable to file/electronically upload the documentation as required by the RoC on account of being short-staffed and absence of professional help. Thus, RoC struck off name of GIPL from register of companies. GIPL filed petition under section 560(6) seeking restoration of its name in the register of companies. Held: It was observed that RoC had not given notice to GIPL before striking off name from register of companies and so GIPL did not get opportunity to represent itself before the RoC. Further, GIPL was willing to file upto date annual returns and balance sheets since non-submission. Therefore, it would be just that the name of GIPL be restored on the register of ROC.