H.P. Chaturvedi, Member - (1.) The present company petition is received as a transferred case from the Hon'ble High Court of Allahabad. Under Section (434) of the Companies Act, 2013 read with the companies transfer of pending proceeding rules and companies (removal of the difficulties orders).
(2.) The present petition earlier was filed before the Hon'ble Allahabad High Court under Section 560(6) of the Companies Act. 1956 by the applicant on behalf of the dissolved company praying for such relief. (i) To set aside the order notification dated 11.05.2010 by which the name of the petitioner company shall stand struck off from the register after its publication in official Gazetted of India dated 22.05.2010. (ii) To pass an appropriate order, directing the respondents to restore the name of the company in its Register with immediate effect in terms of Section 560(6) of the Companies Act 1956. (iii) To pass orders in terms of Section 560(6) of the Companies Act 1956 that is just and appropriate for the placing the company and all other persons in the same position as nearly may be as if the name of the company had not been struck off (iv) To direct the office of the Registrar of Companies. U.P. and Uttrakhand, Kanpur to allow the company to file a certified copy of the order of this Court without filing Form 61 within 30 days as technically e-filling is not possible for the company, whose name has been struck off from the register.
(3.) The applicant has narrated the facts and circumstances of the present case in the present petition duly support by an affidavit for setting aside the impugned order dated 11.05.2010 as passed by the respondents and to revoke its operation and further to nullify the effects of the Gazette Notification dated 22nd May, 2010. Whereby, the name of the petitioner company stood struck off from the register of the respondent Registrar of the Companies U.P. Kanpur. The applicant company by this petition has prayed further for such direction that may be issued to the respondents to treat the petitioner company, in the same manner as it was standing before passing the impugned order dated. 11.05.2010 and further notified in Gazette published on 22nd May 2010.;