- (1.) This Petition has been filed by the Petitioner under the provisions of Section 560 (6) of the Companies Act, 1956 seeking the restoration of the name of the petitioner company in the Registrar of Companies, The above petition originally came to be filed before the Hon'ble High Court of Delhi on 13.7.2014. Notice was ordered to the Registrar of Companies and the respondent was required to file its reply to the petition within the time limit specified therein. The respondent, Registrar of Companies filed the same within the time limit specified by the Hon'ble High Court of Delhi and vide order dated 06.1.2015, the petitioner had sought time to file rejoinder along with the supporting affidavit disclosing the then current state of affairs of the company including all assets of the company, Profit & Loss account, Balance Sheet to demonstrate the current state of health of the company.
(2.) On 06.1.2017, the Hon'ble High Court of Delhi in view of the Notification Regd. No. DL-33004/99 dated 07.12.2016 had transferred the petition to the Principal Bench, National Company Law Tribunal, New Delhi and the records connected with the above petition have also been transmitted. Subsequent to the transfer of the petition, it was listed before this Bench from time to time and was ultimately heard on 28.2.2017.
(3.) Perusal of petition discloses that the company was incorporated on 23.8.1996 as a Private Limited company having Registration No. 55-81314 of 1996-1997 on the file of the Registrar of Companies, National Capital Territory of New Delhi & Haryana. The petitioner seems to have been incorporated to carry out the following object as specified in Para 3 of the petition: "The petitioner company in order to fulfil its object was manufacturing, bleaching, printing, dying, combing, twisting, processing embroidery, and dealing in fabric, cloths, denim, linen and goods and fabric whether textile, blended, netted handloom and also involved in the business of garments trading, marketing of cloths etc".;