2013 (10) TMI 570

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....d under the following circumstances. The respondent No.2 i.e. M/s Nicholson Export and Import Pvt. Ltd. was incorporated on 7.3.1997. The registered office of the company was in Delhi. The directors of the company made an application under Section 560(1) of the Companies Act, 1956 ('Act') to the Registrar of Companies under the Easy Exit Scheme, 2011 for striking off the name of the company from the register of companies. The prescribed forms were also filed. The Registrar of Companies by gazette notification dated 6.8.2011 struck off the name of the company under the provisions of section 560(1) of the Act. 3. The petitioner company had lent a sum of Rs. 14.80 lakhs in two installments of Rs. 5 lakhs and 9 lakhs to the respondent-compan....

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....s such as the application, statement of accounts, affidavit and indemnity bond submitted by the company which desires its names to be struck off and there is no scope at that stage for a deeper examination into the same. He however, does not dispute that if any fraud or malpractice has been adopted in resorting to the provisions relating to the striking off of the companies' name as if the provision of Section 560 have been resorted to for thwarting the claims of any creditor, has the power to give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off, by virtue of the provisions of section 560(6) of t....