NIRENDRA NATH KAR Vs. GOPAL NAVIN BHAI DAVE

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order passed by the Division Bench of the High Court of Calcutta dtd. 17/10/2012 while setting aside the finding returned by the learned Single Judge dtd. 8/8/2012 in sequel affirmed order of the Registrar of Companies (RoC) striking off the name of the Company from the register of RoC by an Order dtd. 27/1/2006 in exercise of power under Sec. 560(5) of the Companies Act, 1956(hereinafter being referred to as the "Act 1956").

(2.) The brief facts of the case are as under:-

(3.) It may be relevant to note that the Registrar of Companies in its affidavit in opposition before the High Court asserted that the company was not functioning and not carrying out any business and the last annual return was filed of the year 2002-2003. The relevant extract is quoted hereunder:-