NEWAGE COMMERCIAL (P.) LTD. Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This is an application under Section 560(6) of the Companies Act, 1956 ('the Act'). The grievance of the Petitioners is that the name of the Petitioner-company has been wrongly struck off the register.

(2.) I notice that there is some procedural irregularity in the issuance of the notices under Section 560. Sub-sections (1), (2) and (3) of Section 560 contemplate two notices to be first given. The first notice is referred to in Section 560(1). Here, when the registrar has reasonable cause to believe that a company is not carrying on business or is not in operation he is to send out a letter to the company making such enquiry. If no reply is received within one month, he shall within 14 days of expiry of that period send another notice giving a further one month's notice to the company to answer the requisition. If that notice is not answered or if the answer shows that the company is not carrying on any business, a publication is to be made in the Official Gazette and a third notice is to be sent to the company that at the expiry of three months from the date of that notice. The name of the company would be struck off the register, unless contrary cause is shown.

(3.) From the annexures to the affidavit-in-opposition I find that the first notice was issued on 24th March, 2006. The Petitioner denies that this notice was received by it. But I am not going into the controversy. The second notice is dated 30th December, 2006 stating that because the letter dated 24th March, 2006 was not replied to, the company would be deemed to be defunct under Section 560(3).