A private limited company registered in 1999 commence business, got sales tax registration, got bank finances and start production for 2 months. Due to lack of working capital, business of the company could not continue and production was stopped. In the year 2004, directors of the company applied under Easy Exit Scheme for strike off the name of the company stating that company is not doing any business since incorporation. The outstanding balance of bank loan today is Rs. 30,00,000/- lacs plus many litigations against the company are line various courts. Directors of the company issued shares to a creditor/advance from customers in November 2004 in repayment of his advance payment and form no. 2 was filed in ROC. I, as a shareholder, came to know from ROC that the company's name has been struck off the register of the companies. I filed the petition in high court detailing sales tax registration, bank loan etc and making ROC as a respondent alongwith company and its directors and lending bank was made a performa respondent. While submitting reply, ROC states that directors applied under Easy Exit Scheme stating that the company is not working since incorporation and their is no fault of ROC and the case could not continue in the form in which it has been filed and should be dismissed by the court. My submission is that ROC may not be liable for striking off the name of the company but the directors of the company have given false affidavits, indemnity bonds and a false audited balance sheet hiding various estabilshed facts and should be punished, name of the company should be restored on the register of the companies. Whether I have to file a revised petition in high court or high court will continue ignoring ROC and call the directors on the same petition? Can I file criminal complaints with police after knowing the truth from ROC? Please help me.
