TMI Blog2016 (3) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanies. However, it has referred to Rule 94 of the Companies(Court) Rule 1959 to contend that necessary orders may be passed by this Court by imposing some cost upon the petitioner and be awarded to the Registrar of Companies. Section 560(6) of the Act, 1956 enables the petitioner creditor to file an application for restoration of the name of the company which has been struck off from the Regi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et up by the petitioner is that respondent No. 2 was engaged in the business of finance and sale/purchase of land and was assessed to income tax upto the assessment year 1988-1989. Thereafter, respondent No. 2 stopped filing its returns. A huge demand of tax penalty and interest under the Income Tax Act, 1961(for short, 'the Act, 1961') for different assessment years i.e. from 1975-1976 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the tax arrears. Respondent No.2 was sought to be served in the second appeals pending in this Court and the petitioner came to know that service cannot be effected upon respondent No. 2 because its name has been struck off from the Register of Registrar of Companies on 18.10.2011 in terms of Section 560(5) of the Act, 1956. It is further alleged that the petitioner did not receive any notice o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 this Court had passed the following orders:- Learned counsel for the applicantpetitioner submitted that as the name of respondent NO. 2-company was struck off from the list by the Registrar of Companies, its name may be deleted from the memo of partis as it is no more existing. Ordered accordingly. The Registry is directed to carry out necessary correction in the memo of partie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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