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2009 (10) TMI 529 - HIGH COURT OF PATNAGazette Notification No. 43 dated October 12, 2007 published in the Gazette of India dated October 12, 2007, by which the name of the company, Gautam Buddha Children's Hospital Private Limited has been struck off from the Register of Companies under section 560(5) of the Companies Act, 1956 seeked to be quashed Held that:- in view of the audit reports of accounts submitted by the petitioner-company and the statements of the bank annexed that the company has been carrying on its business and is in operation continuously and it is certainly not a defunct company. Had the Registrar taken care by following the mandatory provisions prescribed under the Act, he would have discovered that the company was not defunct and its name could not have been struck off by the Registrar of Companies in exercise of his power under section 560(5) of the Act. The Registrar of Companies has further shown non-application of mind as the very filing of the subsequent application for change of name of the petitioner-company, which was allowed by the Registrar, would show that the earlier application dated August 29, 2000, was impliedly withdrawn by the said action of the directors of the company and the plea taken by the Registrar in his reply that no such letter of withdrawal was filed is without any basis. Thus striking off the name of the company from the Registrar of Companies is illegal and non est.
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