IN THE HIGH COURT OF JUDICATURE AT PATNA COM PET No.1 of 2008 M/S AAKANKCHA SECURITY SERVICE AND COMPANY PVT. LTD. Versus THE UNION OF INDIA & ANR ----------- 9/ 05-09-2008 Heard learned counsel for the parties. 2. This company petition has been filed on behalf of petitioner, M/S Aakanchha Security Service and Company Pvt. Limited for a declaration that the petitioner company is in operation and carrying on business as on date since its incorporation on 25.06.1997 and for setting aside Gazette notification No.33 dated 18.08.2007 at Serial No. 66 communicated to the petitioner vide letter No. ROC/PAT/8001/ 560/G/8043 dated 10.03.2008 issued under the signature of Registrar of Companies, Bihar and Jharkhand ,by which the name of the petitioner company had been struck off . 3. Learned counsel for the petitioner submits that the allegation against the petitioner is that he did not submit the balance- sheet as well as the annual return of the company for the year 1997-98 to 2005-06 and hence notice under section 560(1) of the Companies Act, 1956 ( hereinafter referred to as “the Act” for the sake of brevity) was sent to the petitioner on 30.11.2006 but thereafter no notice under section 560(2) of the Act was sent to the petitioner within the prescribed time, i.e., one and half month from the date of the first notice. Learned counsel for the petitioner avers that address of the petitioner company was changed much thereafter in March 2007 and the notice under section 560(2) of the Act was sent to the company on 17.07.2007. He also avers that no notice was sent by the Registrar under section 560(3) 2 of the Act. 4. Learned counsel for the petitioner further submits that much before issuance of the second notice the petitioner company had already filed its balance-sheet and annual return for the year 1997- 98 to 2005-06 electronically along with additional fees amounting to nine times of the normal fees under the provision of section 611(2) read with Schedule-10 of the Act. The same are made as Annexure-7 series to the supplementary affidavit filed on behalf of the petitioner. Learned counsel for the petitioner also submits that the company was incorporated on 25.06.1997 and started its business as per the memorandum of Association and Articles of Association and since the petitioner company was in its initial stage therefore, the persons associated with the company were not fully versed with the procedure to be followed and hence the said delay had taken place. He further submits that stating the aforesaid matter in detail the petitioner filed a petition before the Registrar of the Companies , Bihar and Jharkhand on 28.02.2008 but the Registrar vide his letter dated 10.03.2008 (Annexure-1) replied that the petitioner should obtain necessary orders from Hon’ble Patna High Court for restoration of the name of the petitioner company under the provisions of section 560(6) of the Act and hence the instant petition has been filed. 5. Although learned counsel for the respondents vehemently opposes the contentions of learned counsel for the petitioner but there is no denial of the fact that notice sent under section 560(2) of the Act was beyond the time prescribed by law and no notice under 3 section 560(3) of the Act had at all been sent to the petitioner. It is further not in dispute that the petitioner had filed the balance-sheet and annual report of the company electronically on 30.03.2007 for the year 1997-98 to 2005-06 with additional fees amounting to nine times of normal fees under the provisions of section 611(2) read with Schedule 10 of the Act. 6. In the aforesaid facts and circumstances this petition is allowed and Serial 66 of the Gazette notification No. 33 dated 18.08.2007 with respect to the petitioner company is hereby set aside along with the letter of the Registrar of the Companies dated 10.03.2008 and the petitioner company is declared to be in operation and carrying on its business since its incorporation. B.Tiwary/ ( S. N. Hussain, J )