2010 (4) TMI 1185

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....Pvt. Ltd. to the Register of Companies maintained by the Registrar of Companies. 2. H.N. Explosives Pvt. Ltd. was incorporated under the Companies Act, 1956 on 17th April, 1989 as a private limited company with the Registrar of Companies, NCT of Delhi and Haryana. 3. The petitioner herein is Indian Explosives Ltd, and is stated to be a creditor of the erstwhile company H.N.Explosives Pvt. Ltd. 4. The Registrar of Companies, i.e the respondent herein, struck the name of H.N.Explosives Pvt. Ltd. off the Register on the ground of non-filing of returns. The requisite notification was duly published in the Official Gazette on 23rd June, 2007 at S.No.6403. 5. It is the petitioner's case that it had acquired the business in explosives of ICI I....

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....) of the Companies Act, 1956 can only be made by the company, a member or a creditor. A creditor is entitled to maintain a petition for restoration only if he was a creditor at the time the name of the company was struck off from the Register of Companies. Here, the arbitration award in favour of the petitioner was rendered on 14th March, 2007, i.e. before the date of the Gazette Notification notifying that the name of H.N. Explosives Pvt. Ltd. has been struck off the Register of Companies. It is clear that the amount claimed by the petitioner was against an incorporated company, which was a legal entity recognized under the Companies Act, 1956, and the arbitration award in question was also rendered against such a company. When H.N. Explos....