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2013 Supreme(Del) 777

R.V.EASWAR
SHITIZ METALS – Appellant
Versus
REGISTRAR OF COMPANIES – Respondent


Advocates:
Advocate Appeared:
Mr. Aashish Middha and Mr. Nilesh Kumar, Advs.
Mr. K.S. Pradhan, Dy. ROC for RD

Judgment

R.V. EASWAR, J.

The prayer in this company petition is that the order and the notification striking off the name of respondent No.2-company declaring it as defunct company be set aside and the name of the company be restored and also that investigation be ordered into the affairs of the said company.

2. The petition has been filed under the following circumstances. The respondent No.2 i.e. M/s Nicholson Export and Import Pvt. Ltd. was incorporated on 7.3.1997. The registered office of the company was in Delhi. The directors of the company made an application under Section 560(1) of the Companies Act, 1956 (‘Act’) to the Registrar of Companies under the Easy Exit Scheme, 2011 for striking off the name of the company from the register of companies. The prescribed forms were also filed. The Registrar of Companies by gazette notification dated 6.8.2011 struck off the name of the company under the provisions of section 560(1) of the Act.

3. The petitioner company had lent a sum of Rs.14.80 lakhs in two installments of Rs.5 lakhs and 9 lakhs to the respondent-company in the years 2003 and 2004. These amounts were given by cheques drawn on the Punjab National Bank. It is not in dis







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