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TMI Blog2020 (4) TMI 808X X X X Extracts X X X X X X X X Extracts X X X X ..... porate Affairs, Union of India, New Delhi in so far as the petitioner company is concerned and set aside the same and consequently direct the respondents to revert the status of the petitioner company to activate. 2. In the affidavit filed by the Managing Director of the petitioner company in support of the writ petition, it had been stated that the company had been incorporated under the provisions of the Companies Act, 1956 and the main objects of the company was to manufacture Iron and Steel products. It is stated that due to various factors, the petitioner company could not commence the business operation from the date of its incorporation. Subsequently, they tried to commence the manufacturing process during the year 2011-2012. Howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17. The respondents maintained the provisions of Section 248 of the Companies Act, 2013 before striking of the petitioner's company and have justified for striking of the company in their counter affidavit. It was also stated that the notice was also sent as required under Section 248 (1) of the Companies Act. But the notice had been returned and thereafter it had been stated that the company had been struck off by the respondents. 5. An additional counter affidavit had also been filed by the respondents. In the said additional counter affidavit, it had been stated that this Court had earlier directed the respondents to clarify whether the provisions of Section 248 (6) of the Companies Act, 2013 were satisfied before passing an order u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment or discharge of its liability and obligations by the company and also shall obtain necessary undertakings from the Managing Directors/Directors or the person in-charge of the companies with respect to such discharge of liabilities. It is also stated that in the said provisions, notwithstanding the said undertaking, assets of the company will be available for payment of the liability, even after the name of the company is struck off. 7. In this connection, the learned counsel for the petitioner places reliance on an order of the Division Bench of this Court in CRP (NPD) No.1476 of 2018 dated 01.10.2018 in the case of AGD Private Limited, represented by its Director Mr.N.Vijayakumar, Coimbatore Vrs. Registrar of Companies, Coimbatore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated under the provisions of the Companies Act, 1956. It had been incorporated in the year 2009. Even in the affidavit filed, it had been very clearly stated that the manufacturing activities did not commence from the date of incorporation. It was also stated that the annual returns were not filed from the date of incorporation. It was also stated that no responsible staffs had been appointed for filing of annual returns. In fact, the company is only a company on paper. However, documents are filed relating to further facts. In proceeding Ref. No. ROC / CBE / STK1 /2017/015578 dated 17.12.2019, the Registrar of Companies, Coimbatore had addressed the Tahsildar, Dharapuram Taluk, Tirupur District regarding an enquiry about the writ petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for two consecutive years, then under Section 455(5) of the Companies Act, 2013, the Registrar shall issue a notice to the said Company and place the said company under the Registrar of Dormant Companies. For initiating all those steps, the company must made an application under Section 455 (1) of the Companies Act. 11. In the instant case, the records do not show that the petitioner had actually filed any application seeking to classify it as a dormant company or inactive company. Hence, the provision under Section 455 of the Companies Act, 2013 will not be applicable. Even otherwise, Section 245 (1) (c) of the Companies Act, an exemption from a company not to be struck off can be granted only, when the company voluntarily applied to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndelivered and addressee not found. Addressee could not been found in the vacant land. Thereafter, sufficient time had been given for making enquiry with respect to the liabilities of the company and the amounts due to the company. 15. In the instant case, when the addresses of the company could not been found, there could not be no possibility for directing any enquiry as contemplated under Section 248(6) of the Companies Act, 1913. It has been very specifically stated in the counter affidavit that the Directors of the petitioner company did not come forward to give any undertaking relating to any liability of the company. Since there is only a block holo shed was found in the lands, the notice was returned. Therefore, the Registrar of Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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