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TMI Blog2019 (4) TMI 943X X X X Extracts X X X X X X X X Extracts X X X X ..... sented on the ground that it is just and equitable that company should be wound up, the Tribunal may refuse to pass an order of winding up if it is of the opinion that some other remedies are available to the petitioners and the petitioners are acting unreasonably in seeking the remedy of winding up instead of pursuing other remedies. In the case on hand the company name has been struck off by the Registrar of Companies under Section 248 of the Companies Act. Petitioners are having a remedy to have the company restored and seek an order for operation of bank amounts that are freezed. By doing so petitioners have a remedy of getting back their amounts which is in the bank accounts. But petitioners without seeking restoration of the compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated in the petition that first respondent company was struck off by the Registrar of Companies due to non-maintenance of various records and statutory registers to be maintained under the Companies Act in 2013 by giving notice dated 18.05.2017 by the ROC. 4. It is stated that petitioner has given reply to the said notice on 25.05.2017. Petitioner also addressed letter to the Prime Minister's Office on 08.11.2017. Ultimately the company was struck off by ROC, Uttarakhand on 21.09.2017 in accordance with Section 248 of the Companies Act. It is further stated that the company does not acquire any immovable property but had acquired movable property worth ₹ 34,217/-. The company has a bank account in ICICI Bank with account No. 01 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanies filed reply stating that it cannot give details of the company because ROC office shifted from Kanpur to Dehradun. However, the only objection raised by the ROC in his reply is that without restoring the company, winding up petition is not maintainable. 10. Admittedly the company has been struck of by the Registrar of Companies under Section 248 of the Companies Act. If the company or its shareholders or its creditors or its workmen are aggrieved by the order passed by the ROC under Section 248 of the Companies Act, they have got a remedy provided under Section 252(1) or 252(3) of the Companies Act. Petitioners without availing said remedy approached to this Tribunal invoking jurisdiction under Sections 271 and 272 of the Compani ..... X X X X Extracts X X X X X X X X Extracts X X X X
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