2009 (11) TMI 997 - HC - Companies Law

Summary

Issues involved: Petitioner aggrieved by striking off its name from the register of Companies u/s 560(5) of the Companies Act without proper notice.

Summary:
The petitioner challenged the striking off of its name from the register of Companies under Section 560(5) of the Companies Act, contending that no proper notice was served as required by the Act. The Company claimed to be actively operating and had filed statutory returns before the publication of the notification. The Registrar of Companies stated that notices were issued to the petitioner, but there were discrepancies in the process, such as lack of sending the second notice by registered post as required. The Registrar argued that the publication of notice under Sub-section (3) was not mandatory, but the Court disagreed, emphasizing the mandatory nature of the provisions. The Court found violations of the Act's provisions and quashed the notice, ordering the restoration of the petitioner Company's name in the register. The Company was directed to file all statutory returns within six weeks, and any legal actions against the company during the period of its name being struck off would not be barred by limitation.