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of <h1>Court upholds Registrar's decision to strike off company for non-compliance with Companies Act.</h1> <h3>Swisscon Steels (India) Private Limited Versus Union of India, Registrar of Companies,</h3> Swisscon Steels (India) Private Limited Versus Union of India, Registrar of Companies, - TMI Issues:1. Invocation of Section 248 of the Companies Act, 2013 for striking off the name of the petitioner company.2. Compliance with the provisions of Section 248 (5) and 248 (6) of the Companies Act, 2013.3. Applicability of Section 455 of the Companies Act, 2013 regarding dormant companies.4. Justifiability of the Registrar of Companies' decision to strike off the petitioner company.Analysis:1. The petitioner company sought relief against the striking off of its name by invoking Section 248 of the Companies Act, 2013. The company had failed to commence business operations due to various reasons, leading to non-filing of financial statements or annual returns. The respondents justified their actions under Section 248, citing non-compliance by the petitioner company.2. The petitioner contended that the Registrar of Companies should have followed the provisions of Section 248 (5) and 248 (6) before striking off the company. The petitioner relied on a previous judgment emphasizing the necessity of an order under Section 248 (6) for validity. However, the court found that the Registrar's actions were in accordance with the law, as the necessary undertakings were not provided by the company's directors.3. The issue of dormant companies under Section 455 of the Companies Act, 2013 was raised, suggesting that the petitioner could have applied for dormant status to avoid being struck off. However, it was noted that the petitioner did not make such an application, making the provisions of Section 455 inapplicable to the case.4. The Registrar's decision to strike off the petitioner company was deemed justifiable by the court. Despite the petitioner's claims of incorporation for future business activities, evidence showed that the company existed only on paper, with no real business operations. The Registrar's efforts to notify and inquire about the company's status were hindered by the lack of response and the inability to locate the company's address, leading to the dismissal of the writ petition.In conclusion, the court dismissed the writ petition but allowed the petitioner company to seek recourse through appropriate channels. The judgment highlighted the importance of compliance with statutory provisions and the need for companies to fulfill their obligations to avoid being struck off.
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