9911796707
TMI Blog2013 (10) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... that he condones any fraud or malpractice. Mr K S Pradhan has drawn my attention to the provisions of section 628 of the Companies Act, which provides for penalty for false statements made in any return, report, certificate, balance sheet, statement or other document filed by the company for the purposes of any of the provisions of the Act if it is false in any material particular or omits any material fact deliberately and with the knowledge that it is false or material. Imprisonment for a term which may extend to two years is provided. The provisions of sub-section (6) of section 560 are overriding in nature and the action of striking off name of the company from the register is not conclusive. Any creditor can make an appropriate ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the company be restored and also that investigation be ordered into the affairs of the said company. 2. The petition has been filed under the following circumstances. The respondent 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 Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the ROC is well within the provisions of the Easy Exit Scheme, 2011 under which the ROC is not obliged to go beyond the documents such as the application, statement of accounts, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not conclusive. Any creditor can make an appropriate application to the company court before the expiry of 20 years from the publication in the official gazette seeking restoration 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, a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
