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TMI Blog2009 (10) TMI 523X X X X Extracts X X X X X X X X Extracts X X X X ..... N NO. 24 OF 2008 - - - Dated:- 7-10-2009 - SHANTANU KEMKAR, J. Yatish Laad for the Petitioner. ORDER 1. Through this Company Petition filed under section 560(6) of the Companies Act, 1956 ( the Act ) read with Rules 92 to 94 of the Companies (Court) Rules, 1959 ( the Rules ) the petitioner M/s. Phalashri Estate Private Limited Company is seeking direction to the respondent Registrar of Companies, Madhya Pradesh and Chhattisgarh to restore its name in the register of the Companies and for passing other incidental and consequential orders and directions including the direction for restoration of rights and liabilities of petitioner company from the date of striking off its name as if the name of the company was never st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ale land, houses, buildings, structures and other properties of any tenure and any interest therein and purchase, sell and deal in freehold and lease-hold, houses, structures and other property or any interest therein and to purchase sell, lease, hire, exchange or otherwise deal in land and house property and other property whether real or personal and to turn the same into account as may seem expedient and part of the world. And to carry on the business of the construction of roads, highway, bridges, airport, ports or rail system, express ways, a water supply project, irrigation project, sanitation and sewerage system, buildings and to develop, construct any other type of infrastructure facilities, as contractor or sub-contractor for Gover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sequently Annual Accounts, Annual Returns and other documents as per the provisions of the Act, it came to know that status of the Company as per Company Master details available on the web site of the Ministry, is shown as struck off . 8. According to the petitioner, it is a concern in operation and is also regularly filing Income-tax Returns. It has only 2 Directors who are also shareholders holding shares in the paid up capital of the Company. 9. It is the case of the petitioner that prior to passing of the order under section 560(1) of the Act, no notice was ever given by the respondent Registrar to the petitioner company so as to confirm whether the company is carrying on business or is in operation or not. 10. It has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of its name in the register of the companies. In my view the order of restoration of the name the petitioner company in the register of companies deserves to be passed in the interest of justice. 12. Accordingly, the petition is allowed. The respondent is directed to restore the name of the petitioner company in the register of companies treating as if its name was never been struck off from the rolls of the register. The petitioner shall deliver the copy of this order to the respondent Registrar within the time fixed under Rule 93 of the Rules. The Registrar, thereafter, shall proceed in the matter in accordance with the Act and Rules. The petitioner shall comply the requirements as provided under the Act and Rules. No order as to co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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