BHOGILAL CHIMANLAL Vs. REGISTRAR JOINT STOCK COMPANIES

JUDGEMENT

(1.) THIS is a petition under Section 247(6) Indian Companies Act for an order directing (sic) ration of the name of 'Kalyan Corporation Limited' to the Register of Companies made by Petitioner Bhogilal Son of Chimanlal Shah, Gujrati (sic) Bombay who claimed to be a creditor of the (sic) company and alleged that he had obtained decree (sic) against the said company a day before the publication (sic) of a notification by the Registrar of Joint Stock Companies regarding the removal of company from the register.

(2.) THE petition is made impleading Register and the directors of the said Company as Respondents. The grounds on which Peti(sic) the is founded are that the directors of the said company, on being asked by the Registrar, inform (sic) him by a letter dated 18 -10 -1950 that the Company was not in operation and had ceased to exist (sic) a further query by the Registrar one of the debtors (sic) Respondent No. 3 Seth Kalyanmal Tor (sic) informed him by a letter dated 19 -1 -1951 that had no objection to the removal of company name from the register of companies and (sic) these letters were sent to the Registrar in the fact that the Civil Suit filed by the Petitioner against the company was pending in the Court of Civil Judge, Indore to the knowledge of the (sic) directors. It was alleged in the petition that Respondents Nos. 2, 3 and 4, directors of the, company, fraudulently manoeuvred to get the of the (sic) of the company struck off the register of companies and that the Petitioner was unaware (sic) these facts regarding gazette publications.

(3.) IN the reply submitted on behalf of Respondent No. 4 the principal grounds of contention rais(sic) were that the Petitioner is presumed to know the (sic) gazette publication referred to above and that (sic) the decree obtained by him on 24 -12 -1952 was (sic) against a defunct company as the order was passes (sic) by the Registrar for the removal of company's name (sic) on 19 -12 -1952. He also referred to provisions of Section 247(5) which keeps the liability of directors fact in spite of removal of the name of the company from the register which results in its dissolution (sic). It was also averred that, he ceased to be a fetor sometime in 1947. Other two directors did (sic) submit any reply.