GEMINI PACKTECH PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES, UTTAR PRADESH & UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Gemini Packtech Private Limited
Registrar Of Companies, Uttar Pradesh And Uttarakhand
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V.K.BIST, J. -
(1.) HEARD learned counsel for the parties and perused the record.
(2.) BY means of this petition, the petitioner has challenged the impugned notification dated 28.05.2010 by which name of the petitioners
company has been struck off and also for direction to the Registrar of
Companies to restore the name of the company on the roll of the companies.
(3.) BRIEFLY stated the facts giving rise to the above company are that the petitioner is a limited company incorporated under the Companies
Act, 1956. The petitioner company was duly registered and incorporated
bearing registration CIN No. U51109UR198PTC0086. The petitioner company
was incorporated for manufacturing and trading in packaging material. It
was in active operations till about 1996. Thereafter, because of law
business volume, the factory was shut down. The Directors had infused
funds by way of unsecured loans to settle the credit facilities from
Bank. The company did not file its balance sheets and annual returns as
per the requirements of Section 159 and 220 with the Registrar of Company
after 1996. Therefore, its name was struck off under Section 560 by
Registrar of Company. The petitioner company has filed its returns till
1995 -96 but the same is still engaged in the business.
Counter affidavit has been filed on behalf of the respondent in the petition, wherein it is stated that a show cause notice was issued
to the petitioner under Section 560(1) of the Companies Act but no reply
was received on behalf of the petitioner by the respondent and thereafter
name of the petitioner company was struck off from the roll of the
Companies register, maintained by the Registrar of Companies, as per the
provisions of Section 560(3) of the Act.;
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