- (1.) This is a joint petition filed by the petitioners namely M/s Delhite Niphko (India) Pvt. Ltd. and one Mr. Inder Dev Sharma under the erstwhile provisions of Section 560 (6) of the Companies Act, 1956 before the Hon'ble High Court of Delhi seeking restoration of the name of the first petitioner company on the Register of the Respondent, namely Registrar of Companies, NCT of Delhi and Haryana. However, in view of the notification of the provisions of Companies Act, 2013 and taking into consideration notification REG/MO.B.L-33004/99 dated 07.12.2016 issued by the Ministry of Corporate Affairs and in particular clause 3 thereof, the above Company Petition has been transferred by the Hon'ble High Court of Delhi vide order dated 10.01.2017 to the Principal Bench, National Company Law Tribunal, New Delhi. As directed, the matter was listed before this Bench on 09.03.2017 as well as on subsequent dates of hearing. This Tribunal heard the submission made on behalf of the petitioner as well as the Registrar of Companies, NCT Delhi and Haryana who has been impleaded as the respondent in the above Petition. The facts in brief as can be culled out from the Petition and based on the submissions made on behalf of the Petitioners by their Learned Counsel are as follows:
(2.) The 1st petitioner Company as named above was incorporated on 4th April, 1979 and the respondent had also issued a Certificate of Incorporation bearing No. U74999DL1979PTC009536. It is further discerned from the perusal of the Petition that in the year 2003, the Company had opted to avail the Simplified Exit Scheme (SES-2003) for having its name struck off from the register of Respondent as a defunct Company.
(3.) In the absence of any correspondence from the Respondent in relation to the application filed under SES-2003, the Petitioner has stated that in the year 2006 it had given a letter to the Respondent seeking to withdraw the application filed earlier to have its name struck off from the Register maintained by the Respondent as a defunct company.;