Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2015 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (9) TMI 1131 - HC - Companies LawMaintainability of petition for recovery suit by the company who was not exiting at the time of filing of suit - That the present petition was filed as on 3.4.2010. That the petitioner's status as a corporation stood voided, on account of non payment of taxes, under the Delaware Code applicable in the State of its incorporation, in the United States of America, as on 1.3.2010. And that it stood renewed and revived by a certificate of revival dated 2.8.2011. The point that would arise for consideration is therefore, whether the petition could have been entertained as on 3.4.2010, by this court. Held that:- The petitioner was not in existence as on the date of institution. The petition was hence not maintainable. It is not a case where the petition had been instituted before the certificate of incorporation was forfeited, whereby it could be claimed that the petition could be revived immediately after the certificate of incorporation was revived, though by a deeming fiction the corporation ceased to exist, temporarily. It was also possible for the petitioner to have instituted fresh proceedings on a revival, after the initial forfeiture of the certificate of incorporation. The petition which was infirm on the date of filing cannot be resuscitated on the basis of a subsequent event, to the prejudice of the respondent. The petitioner would also be disentitled to claim that any such relief be moulded in its favour, to avoid multiplicity of proceedings or such other hardship, on account of the petitioner not having stated the actual state of affairs as on the date of filing of the petition, which the respondent has brought to light subsequently. The petitioner seeking to take this impropriety in its stride and to glibly seek to defend its position is hardly appreciable. - Petition dismissed.
|