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TMI Blog2013 (2) TMI 882X X X X Extracts X X X X X X X X Extracts X X X X ..... s. The Company which was engaged in the business of exporting Marine Seafood suffered financial difficulties, and so, when a scheme was introduced as 'Simplified Exit Scheme 2005' enabling defunct companies to strike off their names in the Registrar of Companies, after calling a General Body of its shareholders and getting their approval it applied for striking off its name as per the Scheme. However, sending copies of two complaints given by two former shareholders of the Company Registrar of Companies sought comments informing that the application made for striking the name of the Company in view of such complaints are kept pending. Though a reply was given informing that the allegations raised in the complaints are baseless, with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication is liable to be set aside. Reliance is placed by the counsel on two reported decisions namely Calculating Business Machines (Pvt.) Ltd and others v. State of Bihar and Others(1983(54) Company Cases 100) and Bassanti Cotton Mills (1998)Pvt. Ltd and another v. Nirendranath Kar and Ors (2011 CLC 844)to contend that Ext.P7 order passed by the Registrar of Companies without following the procedure mandated under section 560 of the Companies Act and also without conducting an inquiry affording opportunity to the petitioners to substantiate their case for striking off the Company under the Scheme has to be interfered with and set aside by this court invoking its extraordinary jurisdiction. While the application of the Company under the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... moving an application, Ext.P7 order passed by the Registrar of Companies turning down such request has been challenged in the Writ Petition and also Crl.M.C. Such a challenge against Ext.P7 order, needless to point out would not lie in the Crl.M.C moved by petitioners. Even in the Writ Petition the petitioners have no case that the Company has defunct, but, only that due to some unexpected events they could not pull on day to day affairs. Further more, it is also noticed when the petitioners applied under the Scheme for striking out the name of the Company some complaints against the Company filed by its shareholders were pending before the Registrar. Ext.P7 passed by the Registrar of Companies dismissing the application of petitioners wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ashed. The decision has no bearing over any question over the rejection of an application under Simplified Exit Scheme. As already stated the Scheme applicable to a defunct Company, and that too subject to satisfaction of the Registrar that its name can be struck off. In Basanti Cotton Mills (supra) an order passed by the Registrar striking off the name of the Company was challenged by some shareholders, who had almost the entire share holding of the Company. Without giving them notice and hearing them, the Registrar passed the order to strike off the Company on the application moved by two Directors of the Company. In that context, after examining the facts and circumstances, the High Court found that the order passed by the Registrar was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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