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2017 (2) TMI 1050

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..... of the Petitioner Company in the Register of Companies maintained by the Respondent. In view of the foregoing, upon considering the facts and circumstances of the present case and in light of the settled position of law, I am of the view that it would be just and proper to order restoration of the name of the Petitioner Company in the Register of Companies maintained by the Respondent. - CO.PET. 507/2016 - - - Dated:- 17-2-2017 - MR. SIDDHARTH MRIDUL J. Mr. Satinder Singh Bawa, Advocate for Petitioner. Ms. Aparna Mudiam, AROC. Mr. Anil Panwar, CGSC J U D G M E N T SIDDHARTH MRIDUL, J. 1. The present petition has been filed under Section 560(6) of the Companies Act, 1956 (hereinafter referred .....

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..... ocuments since the year 1995, as required to be filed under the mandate of the provisions of the Act. 6. In support of the prayer sought, learned counsel appearing on behalf of the Petitioner Company would make the following submissions: a) On 17.03.1997, the unit of the Petitioner Company at Ghaziabad, U.P was sealed by the U.P. Forest Department vide their order bearing number 14/6114-2-97 dated 6.3.1997, in compliance to the interim order dated 04.03.1997 rendered by the Hon'ble Supreme Court in Writ Petition (Civil) 202/1995, titled as T.N. Godavarman versus UOI and others . b) The Petitioner Company has been maintaining all its requisite documents as per the provisions of the Act, but owing to the said unavoida .....

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..... f Companies maintained by the Respondent, was carrying on business and was operational. 7. The Board of Directors of the Petitioner Company have unanimously passed a resolution dated 15.04.2016 seeking revival of the Petitioner Company. A copy of the said resolution dated 15.04.2016 has been placed on record. 8. It has been stated by learned counsel appearing on behalf of the Petitioner Company that the present petition is within the period of limitation stipulated by Section 560(6) of Act. 9. Notice in the present petition was issued to the Respondent by way of order dated 01.06.2016. Pursuant to the issuance of notice, reply dated 26.08.2016 on behalf of the Respondent has been filed, wherein no objection to the relief p .....

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..... on is necessary in the interests of justice 12. The decision in Purshottamdass (supra) has been followed by this Court in Pancham Hotels Pvt. Ltd. v. Registrar of Companies, bearing Company Petition No.554/2014; M/s Medtech Pharma (India) Pvt. Ltd. v. Registrar of Companies, bearing Company Petition No.241/2009; M/s Santaclaus Toys Pvt. Ltd. v. Registrar Of Companies, bearing Company Petition No.271/2009; M/s Deepsone Non-Ferrous Rolling Mills Pvt. Ltd. v. Registrar of Companies, NCT of Delhi and Haryana, bearing Company Petition No. 285/2009; M/s Kakku E and P Control Pvt. Ltd. Anr. v. The Registrar of Companies, NCT of Delhi and Haryana, bearing Company Petition No. 409/2008; and M/s Sohal Agencies Pvt. Ltd. v. Registrar of Com .....

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