TaxTMI 
TaxTMI 
2011 (3) TMI 1465
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....ed. The change of name was from or about 10-3-2000. 3. Two directors of the Company applied before the Registrar on 2-12-2003 for striking off the name of the Company under section 560 of the said Act. It did so apparently under a Simplified Exit Scheme of the Government of India. (this scheme has not been placed before me.) The name of this company was struck off the register, by the Registrar of Companies on 27-1-2006. 4. Now, the mandate of section560 of the Companies Act, 1956 is that if the Registrar is satisfied that a company is not carrying on any business he will send out a notice to the company for an explanation why its name should not be struck off. Then there is a provision for publication of a notice in the Official Gazette.....
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....e had some concealed motives in seeking an order for striking off the name of the company. The bone of contention seems to be Swan Mills Limited, renamed as Swan Energy Limited. Now, it is represented that the design in reviving Basanti Cotton Mills Private Limited is to regularize a purported retransfer of liabilities of Swan Mills to this company. 9. Therefore, two points are raised in this application. First of all, the Respondent No. 1 had no locus to file the section 560(6) application. Therefore, on that ground the order made on 6-10-2010 should be set aside. It is also submitted that the persons properly in control of the company had applied before the Registrar of companies for striking off its name pursuant to the said scheme of t....
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....s apparently made by a company represented by some persons holding themselves to be its directors and claiming that the Company is doing no business and on the other hand another group claims to represent the company in law and asserts that the company is doing business, what is the Registrar to do in such circumstances? 12. In my opinion, if the issue can be decided without prolixity of evidence, the Registrar is empowered to decide who in law is in control to the company and whether the company is doing any business at all, upon hearing the rival parties and giving them an opportunity of filing written representations. But, in any case, if deciding the above issues calls for substantial, oral and documentary evidence, the Registrar shoul....