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2009 (10) TMI 522 - HIGH COURT OF PATNARestoration of name on the Register of Companies seeked - Held that:- All that is shown is a notice dated 6-7-2007, which does not mention the fact that within three months of the same cause is to be shown to the contrary. As a matter of fact, the Registrar of Companies did not even wait for the statutory three months period before passing the order, rather the final order in the matter was passed on 31-7-2007, itself striking off the name of the company from the Register of Companies which was published in the Gazette of India dated 18-8-2007. Even the gazette publication is within a month and 12 days of the notice dated July 6, 2007 and thus there has been complete violation of the provisions of sub-section (3) of section 560 of the Act. Apart from the same the fact that up to date statutory returns had already been filed in the month of February, 2007, itself has not been taken note of by the Registrar of Companies and thus he has issued the notice under sub-section (3) of section 560 of the Act which is contrary to the records available with him at the relevant time. In the above circumstances, the impugned order dated 31-7-2007, contained in the Gazette of India dated 18-8-2007, is non est, illegal and void ab initio which cannot stand and it is, accordingly, quashed. The name of the company shall thus stand restored to the Register of Companies as though it had never been struck off from the same.
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