TMI Blog2009 (12) TMI 509X X X X Extracts X X X X X X X X Extracts X X X X ..... O. 5 OF 2009 - - - Dated:- 11-12-2009 - RAMESH KUMAR DATTA, J. Amrit Abhijat, Manoj Kumar Gupta and Upendra Yadav for the Petitioner. Rakesh Kumar Singh for the Respondent. JUDGMENT 1. Heard learned counsel for the petitioner-company and learned Central Government counsel for the Registrar of Companies. 2. The petitioner seeks restoration of the name of the petitioner-company in the Register of Companies since the name of the petitioner-company has been struck off from the said register by order dated 17-9-2007, of the Registrar of Companies, Bihar and Jharkhand published in Gazette of India No. 40 dated 6-12-2007. 3. The case of the petitioner-company is that after its incorporation on 23-2-1990, it was c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rns. On no reply being received, another notice under section 560(2) of the Act was sent stating that the Registrar had reasonable cause to believe that the petitioner-company was not carrying on business or was in operation and in case no reply was received within a month it would be presumed that the petitioner had nothing to say. Upon non-receipt of the reply, the impugned notice dated 17-9-2007 under section 560(5) of the Act was sent for publication in the Gazette of India and was published on 6-10-2007. 5. Learned counsel for the petitioner submits that the company, not being a defunct company but carrying on its business continuously since its incorporation by executing the works of different departments of the Government of Biha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... requirements of section 560(3) of the Act in the present matter. After the first two notices are sent under sub-sections (1) and (2) of section 560, it is an essential requirement that if the Registrar does not receive any answer within one month of sending of the second notice then he has to publish in the Official Gazette and send to the company by registered post a notice that after expiration of three months from the date of notice the name of the company shall be struck off from the register and the company will be dissolved unless cause is shown to the contrary. Admittedly, no such publication has been made in the Official Gazette nor any notice sent by registered post as required by sub-section (3) of section 560 of the Act. 9. M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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