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TMI Blog2009 (10) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the Register of Companies under section 560(5) of the Companies Act, 1956. 3. Gautam Buddha Children's Hospital (P.) Ltd. was registered under the Companies Act on November 16, 1992 having registration No. 03-05105 of 1992-93. There were four directors of the company on August 29, 2000. Since disputes and differences had cropped up between the directors and shareholders, an application was filed on August 29, 2000 by all the four directors before the Registrar of Companies to strike off the name of the company. Subsequently, some of the directors decided to continue the functioning of the company and also filed an application on December 18, 2000, before the Registrar of Companies for changing the name of the company to Gautam Buddha H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid Gazette notification. Aggrieved by the said action, the petitioner has approached this court for restoration of its name in the Register of Companies. 6. It is submitted by learned counsel for the petitioner that the company was continuously functional and carrying on its activity, which is evident from the audited balance-sheets and profit and loss accounts of the company as well as the statement of accounts of the bank, but the name has been wrongly struck off without following the mandatory procedure laid down in section 560 of the Companies Act. It is contended that no notice at all was issued to the petitioner-company before its name was struck off as required under the provisions of the Companies Act. It is further urge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any Affairs by letter dated November 8, 2006 to strike off the name of such defunct company, which has not filed statutory returns for a period of three consecutive years or more and thus on considering the aforesaid petition dated August 29, 2000, along with the instructions contained in the letter dated November 8, 2006, the name of the company was struck off from the Register of Companies by notification dated October 12, 2007, in exercise of the power under section 560(5) of the Companies Act. 10. It is also submitted by learned counsel that subsequent to the filing of the petition dated August 29, 2000, no further application was received withdrawing the said application for striking off the name of the company and thus, the Registrar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h in the Official Gazette and send to the company by registered post a further notice that if no satisfactory show cause is received within three months, then the name of the company shall be struck off from the Register of Companies and the company will be dissolved. Thereafter, if no cause is shown to the contrary then at the expiry of three months period mentioned in the notice under sub-section (3), the Registrar may act under sub-section (5) of section 560 of the Act and strike off the name of the company from the Register of Companies, whereupon the company shall stand dissolved. 12. No reply at all has been given by the Registrar in his counter affidavit to the specific contention raised on behalf of the petitioner that the procedur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies in exercise of his power under section 560(5) of the Act. 15. The Registrar of Companies has further shown non-application of mind to the fact that subsequent to the filing of the application dated August 29, 2000, by the directors for striking off the name of the company, an application was filed on December 18, 2000, for change of the name of the petitioner from Gautam Buddha children's Hospital (P.) Ltd. to Gautam Buddha Hospital and Research Institute Private Limited, which application for changing the name of the company was allowed by order dated February 13, 2001. Thus, the very filing of the subsequent application for change of name of the petitioner-company, which was allowed by the Registrar, would show that the earlier ..... X X X X Extracts X X X X X X X X Extracts X X X X
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