H.P. Chaturvedi, Member - (1.) The Company Petitioner-Red Diamond Granite Stone Pvt. Ltd. files the present petition under Section 560(6) of the Companies Act, 1956, read with rule 9 of the Companies Rules, 1956 and sought for following reliefs; i. The name of the petitioner company to be restored in the register of the Companies maintained by the Registrar of Companies. ii. To pass such other order/orders which this Court may deem Fit and proper considering the facts and circumstances of the present case. iii. To Award the cost of the company petition to the petitioner.
(2.) The facts and circumstances of the present case for filing the present petition are described well and is duly support by an affidavit. It is stated that the petitioner company M/s. Red Diamond Granite Stone Private Limited (herein after to be referred as Company for the sake of brevity) was incorporated under the provisions of the Companies Act, 1956. In furtherance of its objects, the Company entered into an agreement with U.P. State Mineral Development Corporation Ltd., which is an undertaking of the state Govt. of U.P.
(3.) It is submitted that the land over which the prospecting and mining of Granite was agreed to under such agreement, belongs to a Government Degree College of Lalitpur which is named after Sh. Raghuveer Singh. As such, the mining operation therein could have commenced only upon receiving a permission from the department of higher education of the State Govt. Therefore, the company obtained an approval for prospecting license granted to the petitioner Company from the special secretary of the State Govt. of U.P.;