9911796707
TMI Blog2013 (10) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent No.2 i.e. M/s Nicholson Export and Import Pvt. Ltd. was incorporated on 7.3.1997. The registered office of the company was in Delhi. The directors of the company made an application under Section 560(1) of the Companies Act, 1956 ('Act') to the Registrar of Companies under the Easy Exit Scheme, 2011 for striking off the name of the company from the register of companies. The prescribed forms were also filed. The Registrar of Companies by gazette notification dated 6.8.2011 struck off the name of the company under the provisions of section 560(1) of the Act. 3. The petitioner company had lent a sum of Rs. 14.80 lakhs in two installments of Rs. 5 lakhs and 9 lakhs to the respondent-company in the years 2003 and 2004. These amounts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts, affidavit and indemnity bond submitted by the company which desires its names to be struck off and there is no scope at that stage for a deeper examination into the same. He however, does not dispute that if any fraud or malpractice has been adopted in resorting to the provisions relating to the striking off of the companies' name as if the provision of Section 560 have been resorted to for thwarting the claims of any creditor, has the power to give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off, by virtue of the provisions of section 560(6) of the Companies Act. 5. On a careful considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the name of the company in the register so that it can pursue its remedies which are available to it under the law for recovery of the amount from the company whose name was struck off. 6. In the present case, I am satisfied that the name of the company should be restored to the register. I direct accordingly. It would be open to the petitioner-company to take any action, if it is so advised against Nicholson Export and Import Pvt. Ltd. for recovery of the amount due. The aforesaid company as well as all other persons are restored to the same position, as if the name of the said company has not been struck off. 7. I further direct the company to file all the statutory documents with the Registrar of Companies within a period of two ..... X X X X Extracts X X X X X X X X Extracts X X X X
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