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TMI Blog2017 (11) TMI 1337X X X X Extracts X X X X X X X X Extracts X X X X ..... egister the name of such company. The objection taken by the Registrar is well founded and deserves to be upheld. The order passed by the Registrar of Companies is thus sustainable in the eyes of law and the petitioner No. 1-company is deemed to be a defunct company. In no case the petitioner No. 1-company can secure the relief it has prayed for. Accordingly, the Registrar of Companies has passed a valid order which is beyond pale of challenge. - C.P. NO. 9/2015 - - - Dated:- 27-10-2017 - MR. M.M. KUMAR AND MS. DEEPA KRISHAN, JJ. For The Petitioner : Chetan Khanna Practicing Company Secretary For The Respondent : Manish Rai Company Prosecutor JUDGMENT The instant petition filed under Section 560 (6) of the Companies Act, 1956 has been placed before us after its transfer from Hon ble Delhi High Court. The prayer made by the petitioner-Navbhart Gasflame Marketing Co. Pvt. Ltd. and one of its erstwhile director Mr. Inder Dev Sharma are that appropriate orders be passed for revival/restoration of the name of the company-Navbhart Gasflame Marketing Co. Pvt. Ltd. on the register of the Registrar of Companies, Ministry of Corporate Affairs, New Delhi and place the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Registrar of Companies. The aforesaid provision reads as under: - 560. Power of Registrar to strike defunct company off register. - (1) Where the Registrar has reasonable cause to believe that a company is not carrying on business or in operation, he shall send to the company by post a letter inquiring whether the company is carrying on business or in operation. (2) If the Registrar does not within one month of sending the letter receive any answer thereto, he shall, within fourteen days after the expiry of the month, send to the company by post a registered letter referring to the first letter, and stating that no answer thereto has been received and that, if an answer is not received to the second letter within one month from the date thereof, a notice will be published in the Official Gazette with a view to striking the name of the company off the register. (3) If the Registrar either receives an answer from the company to the effect that it is not carrying on business or in operation, or does not within one month after sending the second letter receive any answer, he may publish in the Official Gazette, and send to the company by registered post, a notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by it, or its member or creditor before the expiry of twenty years from the date of publication in the official gazette striking its name from the register of the Registrar of Companies. According to the provision the Tribunal needs to be satisfied that the company was at the time of striking off had been carrying on business or in operation or otherwise it is just that the company be restored to the register of the Registrar of Companies. We have gone through the petition and the reply filed by the Registrar of Companies which reveal that since its incorporation from 1998 to 2014 the company has not filed any annul return before the Registrar of Company or any income tax return before the Income Tax authorities from 1998-2013. The stand of the Registrar of Companies is patent from paras 6 10 of the reply on merit which are as under: - 6. That with regard to the contents of para No. 1.5 of the petition, it is submitted that authorized share capital of Navbhart Gasflame Marketing Co. Private Limited was ₹ 1,00,000 divided into 10,000 equity shares of ₹ 10 each and Subscribed capital was ₹ 300 divided into 30 equity shares of ₹ 10 each and the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... private company , inter alia, given in Section 3 of the Companies Act, 1956 which reads as under:- 3, Definitions of company , existing company , private company and public company .- (1) In this Act, unless the context otherwise requires, the expressions company , existing company , private company and public company shall, subject to the provisions of sub-section (2), have the meanings specified below : - (i) . . . . . . . . . . . . . (ii) . . . . . . . . . . . . . (iii) private company [means a company which has a minimum paid-up capital of one lakh rupees or such higher paid-up capital as may be prescribed, and by its articles,-] (a) restricts the right to transfer its shares, if any; (b) limits the number of its members to fifty not including- (i) persons who are in the employment of the company, and (ii) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased; and (c) prohibits any invitation to the public to subscribe for any shares in, or debentures of, the company; (d) prohibit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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