9911796707
TMI Blog2017 (1) TMI 1266X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanies, NCT of Delhi & Haryana (hereinafter referred to as the 'Respondent'). 2. The Petitioner Company was incorporated under the Act, vide certificate of incorporation dated 27.12.2010 issued by the Respondent. 3. The main objects of the Petitioner Company as stated in the Memorandum of Association are, inter alia, as follows:- "i. To carry on, in India and in any part of the world, the business of manufacture, produce, sell, repair, service, support, import, export, install, modify, fabricate, maintain, design, hire, assemble or otherwise engage generally, in the manufacture of production or dealing in all kinds of industrial equipment and appliances, whether manual, mechanical, Electrical, electronic or Computerized programmable of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time of filing of the application for removal of its name from the Register of Companies maintained by the Respondent, the former was a completely defunct company, without any assets and liabilities. It has further been stated that there were no dues against the Petitioner Company towards income tax/sales tax/central excise, or against banks or financial institutions or any other central or state government authorities or local authorities. 8. It was under these circumstances that the Petitioner Company filed an application dated 10.10.2013; and Form FTE dated 30.10.2013 vide SRN no.B88130943, as per the Fast Track Exit Scheme, 2011, under Section 560 of the Act, with the Respondent, for striking off its name from the Register of Companie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16. Pursuant to the issuance of notice, reply of the Respondent dated 26.08.2016 has been filed, wherein no objection to the relief prayed for in the present petition has been raised, however, subject to the Petitioner Company filing all the Annual Returns and Balance Sheets till date, pertaining to the Petitioner Company alongwith the prescribed filing fee and additional fee as on the date of actual filing, as per the provisions of the Act. 13. Before I proceed to deal with the relief prayed for in present petition, it would be relevant to extract Section 560(6) of the Act, which reads as hereunder:- "(6) If a company, or any member or creditor thereof, feels aggrieved by the company having been struck off the register, the Court, on an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred under Section 560(6) of the Act. 15. The present petition under Section 560(6) of the Act, seeking restoration of the name of the Petitioner Company has been instituted by Mr. Ronsher Singh Sindhu, Director of the Petitioner Company, who has been duly authorized by the said Board of Directors resolution dated 18.01.2016 to institute the present petition. Further, it is noted that the present petition is within the period of limitation as prescribed for under Section 560(6) of Act. 16. The issue whether the name of a company which has been struck off under the Fast Track Exit Scheme can be restored subsequently, under Section 560(6) of the Act, has been dealt with by the decision of this Court in Siddhant Garg and Anr vs. Registrar of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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