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2019 (11) TMI 188 - NATIONAL COMPANY LAW TRIBUNAL - BENGALURU BENCHMaintainability of petition - Oppression and mismanagement - name of respondent-company was struck off during the pendency of company petition - sections 397 and 398 of the Companies Act, 1956, read with sections 402 and 406 of the Companies Act, 1956 - HELD THAT:- We are not in agreement with learned counsel for the petitioner that since the Registrar of Companies is not justified for strike off in question and thus the petition is maintainable. Admittedly, neither the petitioner nor respondents stated to have brought to the notice of the Registrar of Companies about pending of the case, when they have issued notices for striking off the name of companies leading to striking off the name of company. Moreover, it is the responsibility of the concerned parties to bring to the notice of the Registrar of Companies, when STK notices were issued by the Registrar of Companies proposing to struck off the company. The petitioner/the company, etc., who are eligible to file any application under section 252 of Companies Act, 2013, can file an application/petition seeking to restore the name of the company, and in such a case, the Tribunal can consider the issue whether the Registrar of Companies is justified to strike off the company, while the present company petition is pending. Petition is hereby disposed of by granting liberty to the petitioner to file a fresh company petition, in accordance with law, after the name of respondent No. 1-company restored to file by the Registrar of Companies.
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