TARAI FOAM PVT LTD Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) BY means of present Company Petition, the petitioners have prayed that the order dated 31.07.2007 (Annexure no. 4 to the petition), passed by the respondent, be cancelled and he be directed to restore the name of applicant no. 1 - company to the Register of the companies maintained by the respondent. The petitioners, therefore, seek to issue direction under Section 560(6) of the Companies Act, 1956.

(2.) THE facts leading to filing of present Company Petition are that petitioner no. 1 was a company registered under the Companies Act, 1956, whose name was struck off from the Register of the Companies maintained by the respondent. In the year 1984, petitioner no. 1 was incorporated and registered under the Companies Act, 1956, and certificate of incorporation was issued in its favour on 17.12.1984. 2 Petitioner no. 2 was the Promoter Director of petitioner no. 1 -company.

(3.) RESPONDENT issued a notice dated 15.01.2007 to the petitioner no. 1 under Section 560(1) of the Companies Act. The said notice was followed by another notice issued under Section 560(2) of the said Act. A final notice dated 18.04.2007 under Section 560(3) of the Companies Act was issued. The aforesaid notices were issued in compliance of Section 560 of the Companies Act, and thereafter on the expiry of the period, the name of the company was struck off from the Register of the Companies maintained by the respondent. The same was, accordingly, notified in the Official Gazette on 31.07.2007. In other words, the name of the petitioner company was struck off, vide Notification dated 31.07.2007.