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2022 (8) TMI 767 - HC - Companies LawDisqualification of Director - Seeking direction to the respondents to activate the petitioner’s Director Identification Number 01858905 in order to enable him to continue as and be re-appointed as Director in active companies that have complied with the statute - HELD THAT:- The guidelines require the Registrar to examine the application for striking off before issuing notice to the company under Section 560(3) of the Companies Act, 1956. The further requirement under Section 560(3) is that, on expiration of 30 days and on being satisfied that the application is otherwise in order, the Registrar shall strike the company’s name off the Register and send a notice for publication in the Official Gazette. The applicant company will stand dissolved from the date of publication of the notification. Ext.P6 reveals that the notice regarding striking off and dissolution of Margin Free Kuries Pvt Ltd was forwarded to the Government of India Press. As such, the entire procedure contemplated under Section 560, and the guidelines stood complied with, the company’s name stood struck off from the register and the company itself got dissolved. It is preposterous for the respondents to contend that the petitioner was disqualified for failure to submit returns with respect to a dissolved company. It is disheartening to note that even when the anomaly with respect to the status of the company was informed to the second respondent, absolutely nothing was done by the respondents. Petition allowed.
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