9911796707
TMI Blog2016 (9) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... na (hereinafter called the "respondent") as a company limited by shares on 31.05.1995 vide Certificate of Incorporation No. 5569250 of 95-96 with the object of carrying on the business, inter alia, of import, export, buy, sell, stock, supply, distribute, wholesale and retail dealers of motor cars, motor buses, omnibuses, motor lorries, station wagons, motor trucks etc. and to manufacture and produce all kinds of spear parts, engines, chassis, bodies, tools and implements and to carry on the business or body builders of motor vehicles and trucks and secondary object of construction, acquisition, selling of all kinds of movable and immovable properties. Presently, the registered office of the petitioner is stated to be situated at 5, Bahadur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cedure under S.560 was duly followed, with notices/letter as required under S.560(1) and S.560(3) sent at the address available with the registrar as the registered office address of the petitioner. It is further submitted that notice under Section 560(5) for striking off the name of the petitioner from the register maintained by the respondent was given and the same was published in the Official Gazette on 23.06.2007 mentioning the petitioner-company's name at Serial no.8694. 6. The petitioner has, on the other hand, submitted that it has been an active company and carrying on its business since its incorporation. In support of this statement, the petitioner has relied on license granted to the company to set up commercial complex, enteri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onclusion that the petitioner-company was not carrying on its business was either provided to the petitioner or was available on the records maintained with the respondent. 10. It has been averred on behalf of the respondent that though the notices/letters under S.560(1) and (3) were sent, their copies and dispatch proof are not traceable. On examination of annexures, it appears that the address of the registered office of the petitioner in the records of the respondent is different from the place from where the company is actually working. The petitioner has not filed on record any proof of intimation of the change of the address of its registered office, to the respondent. 11. It is stated by counsel for the petitioner that the present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Registrar Of Companies, CP 271/2009; M/s Deepsone Non-Ferrous Rolling Mills Pvt. Ltd. v. Registrar of Companies, NCT of Delhi and Haryana, CP No. Co.Pet. 163/2016 Page 6 of 7 285/2009; M/s Kakku E and P Control Pvt. Ltd. & Anr. v. The Registrar of Companies, NCT of Delhi and Haryana, CP No. 409/2008 and M/s Sohal Agencies Pvt. Ltd. v. Registrar of Companies, NCT of Delhi and Haryana, CP No. 297/2009. 14. Under the circumstances, it is entirely possible that the respondent had sent notices under S.560 to the petitioner on the address of its registered office but the same may not have been received by the petitioner. Looking to the fact that the petitioner is stated to be a running company; and that it has filed this petition within the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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