2020 (11) TMI 295

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....ed on 19.09.2013 with registration No. AAB-7746, as a Limited Liability Partnership with the Registrar of Companies, Mumbai, Maharashtra with LLP Agreement dated 14.10.2013 having its Registered office situated at: B-38, Shanti Campus CHS, Pandit Madan Mohan Malviya Road, Mulund, Mumbai 400080. 3. ROC Mumbai struck off the appellant company's name due to defaults in compliances namely failure to file statutory financial statements and annual returns for the period from 2014- to 2018. The ROC initiated proceedings under section 75 of the LLP Act, and issued notice dated 11.05.2018 informing the appellant company that the LLP has not been functioning since the year 2014 and the ROC being satisfied under section 75 of the LLP Act, 2008 ....

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.... for the restoration of LLP governed by LLP Act, 2008 and r/w section 252 of the Companies Act, 2013 hence the petition is filed under incorrect provisions of LLP and is not governed by the Companies Act, 2013. On this ground along the instant petition may be dismissed. 7. The ROC further submitted that the appellant company was incorporated with the ROC, Mumbai on 19.09.2013 under the provisions of the LLP act, 2008 and failed to comply with the statutory compliances under the LLP Act, 2008 for more than 2 years as such the LLP was struck of under section 75 of the LLP Act r/w rule 37 of the LLP rules. 8. The ROC further submits that the LLP was given notice on 11.05.2018 and the LLP was struck vide public notice on 10.07.2018. They ....

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.... before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses." 11. Further, by notification No. Notification No. G.S.R. 6(E) dated 6th January, 2010, the Central Government declared an exercise of powers under section 67 that the provisions of sect....

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....ated under this act or under any previous company law. If we look at the definition of Previous Company law under sec 2(60), Previous Company law means and include Companies act 1956. Further it is seen that the LLP Act was enacted in the year 2008, before the introduction of Companies Act 2013. However, in the year 2010 the notification dated 06.01.2010 expressly declared that the provision of Companies Act 1956 more particularly section 560 of the Companies Act would be applicable to any LLP under LLP Act, 2008. 14. There is no provision of restoration of stuck off company under the LLP Act, 2008 and therefore we need to seek restoration of the company under the erstwhile section 560 of the companies act, 1956 and more particularly in ....