DEBANGSU BASAK,J. - (1.) The petitioner assails a decision of the Registrar of Companies, West Bengal striking off the name of Rama Inn (International) Private Limited (hereinafter referred to as the "Company") from the Register maintained in respect of companies.
(2.) Learned Senior Advocate for the petitioner submits that, the petitioner is neither a member nor a creditor or the company itself to apply under Section 560(6) of the Companies Act, 1956 for recall of the order of the Registrar. He submits that, the impugned decision of the Registrar of Companies is dated September 10, 2015 when the provisions of the Companies Act, 2013 had not been notified. He further submits that, on the date of filing of the writ petition being September 8, 2016, the same position with regard to the notification of the provisions of the Companies Act, 2013 had continued. He relies upon 175 Company Cases page 462 (Basanti Cotton Mills (1998) Private Limited and Gopal Navinbhai Dave and Ors. v. Nirendranath Kar and Anr.) in support of the contention that, the petitioner could not have approached the Company Court. He submits that, the provisions of Section 248 of the Companies Act, 2013 have been notified subsequent to the filing of the writ petition. Therefore, the petitioner did not approach the National Company Law Tribunal under the Act of 2013.
(3.) Referring to the impugned decision of the Registrar of Companies, he submits that, no reasons have been ascribed by the Registrar why the name of the company was struck off. He submits that, the petitioner, the company and another legal entity had entered into an agreement with regard to a hotel business. Such agreement contains an arbitration clause. Disputes and differences had arisen between the parties to such agreement. The petitioner had referred such disputes to arbitration in terms of the arbitration clause. Such arbitration proceedings are pending. The company was a party respondent in such arbitration proceedings. In order to non-suit the petitioner in the arbitration proceedings, the respondent nos. 2 and 3 who were the persons in control and management of such company have made an application under Section 560 of the Act of 1956 before the Registrar of Companies, West Bengal. He submits that, the respondent nos. 2 and 3 as the two Directors of such company had filed two several affidavits before the Registrar of Companies claiming that, the company is inoperative from the date of its incorporation. He refers to the balance-sheet of the company as at March 31, 2012 and submits that, the company had long term liabilities, it had inventories in excess of Rs. 50 Lakhs and that it had held shares in Shristi Hotel Private Limited for the value of Rs.13,84,61,540/-. The company had invested in the joint venture company. The joint venture company is Shristi Hotel Private Limited. He submits that, the company was posting net loss. In view of such evidence available, it cannot be said that the company was inoperative from the date of its incorporation for the company to be struck off under the provisions of Section 560 of the Companies Act, 1956. The decision of the Registrar of Companies in this regard is, therefore, perverse.;