- (1.) The application is for recalling of an order passed on a petition under Section 560(6) of the Companies Act, 1956, by which a company whose name had been struck off was permitted to be revived. The primary ground urged by the applicant is that the petition under Section 560(6) of the Act was not filed by a creditor or a share holder of the concerned company or by the company itself and, as such, it could not have been received by the Court. It is the further grievance of the applicant that the applicant had no notice or knowledge of such petition.
(2.) The name of the company was not struck off for any apparent default on the part of the company to file its documents or submit its return in accordance with the said Act with the Registrar of Companies. This was not a case of the Registrar finding the company to be non-functional and issuing a notice under Section 560(2) of the Act before striking off the company's name. The company's name was struck off pursuant to an application admittedly made by the company under a simplified exit scheme of 2005 introduced by the Central Government giving an option to nonfunctional companies to exit and have their names struck off and, thus, the officers of such non-functional companies to be absolved of their obligations under the said Act.
(3.) Pursuant to such scheme, the company applied to the Registrar on its representation that it did not have any business or worthwhile assets. In terms of the simplified system under the relevant scheme, the Registrar accepted the application and the declaration accompanying the same and the company's name was struck off. Such striking off took place in or about the year 2007.;