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TMI Blog2024 (7) TMI 1264X X X X Extracts X X X X X X X X Extracts X X X X ..... ns under which action was earlier taken under the old Act, as also the action subsequently taken under the new Act, are not inconsistent with one another. The new enactment rather provides for a more detailed procedure for striking off the name of a company as also an effective remedy for dealing with the de-registration of a company, which is not running its business or in operation. Further, the registers maintained under the old Act are also deemed to be registers maintained under the new Act and can be relied upon for seeking any legal remedy. The remedy of the petitioner lies with the National Company Law Tribunal in view of Chapter XXVII of the Companies Act, 2013. Therefore, the application moved by the petitioner is hereby dismissed. - HON'BLE MR. JUSTICE DHARMESH SHARMA For the Petitioner Through: Mr. Trideep Pais, Sr. Advocate. For the Respondent Through: Ms. Shiva Lakshmi, CGSC with Mr. Rajdeep Saraf and Ms. Anoushka Bajpai, Advocates. Mr. Bineesh K. Adv. for R-2. JUDGMENT CO. APPL. 950/2023 1. This application has been preferred under Rule 9 of the Companies (Court) Rules, 2009 seeking issuance of a direction to the respondent to revive/relist the petitioner compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uant thereto, the petitioner company deposited Rs. 1,00,000/- with the Ministry of Corporate Affairs and consequently the respondent restored the name of the petitioner company and its status was changed from inactive to active . It is, however, stated that due to certain inter se disputes between the directors of the company, namely Shri Vishwa Nath Agarwal and Shri Dinesh Kumar Agarwal, the petitioner company was unable to file its Annual Returns and Balance Sheet, as was directed vide order dated 28.05.2012. 5. In this regard, it is submitted that the petitioner company preferred an application bearing CO.APPL. 2266/2012, seeking an extension of time to file its returns, which application was allowed vide order dated 30.11.2012, and a further period of four months was granted to the petitioner company to comply with the order dated 28.05.2012. 6. It is brought forth that the disputes between the directors of the petitioner company continued to persist and further time was sought by way of CO.APPL. 485/2013, to comply with the orders of this Court and file the relevant returns. In addition to this, CO.APPL. 525/2013 was moved by the intervenor/Shri Dinesh Kumar Agarwal praying th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 465 of the Companies Act, 2013, which reads as follows: 465. Repeal of certain enactments and savings.- (1) The Companies Act, 1956 (1 of 1956) and the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961) (hereafter in this section referred to as the repealed enactments) shall stand repealed: Provided that the provisions of Part IX A of the Companies Act, 1956 (1 of 1956) shall be applicable mutatis mutandis to a Producer Company in a manner as if the Companies Act, 1956 has not been repealed until a special Act is enacted for Producer Companies: Provided further that until a date is notified by the Central Government under subsection (1) of Section 434 for transfer of all matters, proceedings or cases to the Tribunal, the provisions of the Companies Act, 1956 (1 of 1956) in regard to the jurisdiction, powers, authority and functions of the Board of Company Law Administration and court shall continue to apply as if the Companies Act, 1956 has not been repealed: Provided also that provisions of the Companies Act, 1956 (1 of 1956) referred in the notification issued under section 67 of the Limited Liability Partnership Act, 2008 (6 of 2009) shall, until the rele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch action was earlier taken under the old Act, as also the action subsequently taken under the new Act, are not inconsistent with one another. The new enactment rather provides for a more detailed procedure for striking off the name of a company as also an effective remedy for dealing with the de-registration of a company, which is not running its business or in operation. Further, the registers maintained under the old Act are also deemed to be registers maintained under the new Act and can be relied upon for seeking any legal remedy. 14. In view of the foregoing discussion, the remedy of the petitioner lies with the National Company Law Tribunal in view of Chapter XXVII of the Companies Act, 2013. Therefore, the application moved by the petitioner is hereby dismissed. The petitioner shall be at liberty to approach the NCLT for redressal of its grievances, in accordance with law. ---------------------------- Notes: 1. (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. (6) If a company, or any member or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) or sub-section (2) shall be published in the prescribed manner and also in the Official Gazette for the information of the general public. (5) At the expiry of the time mentioned in the notice, the Registrar may, unless cause to the contrary is shown by the company, strike off its name from the register of companies, and shall publish notice thereof in the Official Gazette, and on the publication in the Official Gazette of this notice, the company shall stand dissolved. (6) The Registrar, before passing an order under sub-section (5), shall satisfy himself that sufficient provision has been made for the realisation of all amount due to the company and for the payment or discharge of its liabilities and obligations by the company within a reasonable time and, if necessary, obtain necessary undertakings from the managing director, director or other persons in charge of the management of the company: Provided that notwithstanding the undertakings referred to in this sub-section, the assets of the company shall be made available for the payment or discharge of all its liabilities and obligations even after the date of the order removing the name of the company from the register of co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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