TMI Blog1953 (10) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... said company and alleged that he had obtained a decree against the said company a day before the publication of a notification by the Registrar of Joint Stock Companies regarding the removal of the company from the register. The petition is made impleading the Registrar and the directors of the said company as the respondents. The grounds on which the petition is founded are that the directors of the said company, on being asked by the Registrar, informed him by a letter dated 18th October, 1950, that the company was not in operation and had ceased to exist. On a further query by the Registrar one of the directors, respondent No. 3, Seth Kalyanmal Tongia, informed him by a letter dated 19th January, 1951, that they had no objection to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny member or creditor thereof feels aggrieved by the company having been struck off the register, the court, on the application of the company or member or creditor, may, if satisfied that the company was at the time of the striking off carrying on business or in operation, or otherwise that it is just that the company be restored to the register, order the name of the company to be restored to the register, and thereupon the company shall be deemed to have continued in existence as if its name had not been struck off, and the court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bligations or to avoid future pecuniary liability, will be deemed to be in operation. But besides this it is difficult to see why it is not just to restore the name of the company to the register. The petitioner had filed a suit for recovery of its dues. The present company is a private limited company. No steps were taken to discharge the liability which they owed to the petitioner. The effect of the order of removal would be that the company will be deemed to be dissolved and it may be difficult for him to obtain the fruits of his decree. The conduct of the directors in not bringing the fact of pending suit to the notice of the Registrar, though attempted to be justified on the ground that they stated what the fact was as they understoo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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