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2017 (9) TMI 1076 - Tri - Companies LawStrike off the name of the petitioner company from the register of Registrar of Companies - seeking restoration of name - Held that:- The primary grievance made by the petitioner is that no notice in terms of provisions Section 560 (1) & (2) has been issued and the principles of natural justice stand violated whereas the stand taken by the Registrar in its reply is that notice under Section 560 (5) of the Companies Act, 1956 was issued giving a warning to the petitioner company that its name would be struck off the register of the Registrar of Companies. Therefore, all notices prior to notice under Section 560(5) are deemed to have been served because it was a necessary consequence of notices issued under Section 560 (1), (2), (3) & (4) of the Companies Act, 1956. After bestowing our thoughtful consideration on the submissions made at the bar, we are of the view that the provisions of Section 560 (1) to (4) are deemed to be the whole procedure culminated in publishing a Notification dated 23.06.2017 followed. There is no room to doubt about any lapse on the part of the Registrar of Companies, The record being old has been shifted to Manesar and is reported to be untraceable. The basic ground available under Section 560 (6) for restoring a company to its original name is completely impeded because the petitioner has admitted in para 12 of the petition that for the last twelve years no operation has been carried out by the company. The company has not been carrying on business or in operation and therefore, the benefit of the grounds available for restoration cannot be extended to the petitioner. We also find that it is not just and proper to restore the name of the petitioner No. 1 Company on the register of the Registrar of Companies under Section 560(6) of the 1956, Act particularly when another company with the same name stand already incorporated.
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