2020 (6) TMI 776

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....f by the ROC vide its impugned order dated 30.04.2008 from its Statutory Register. 2. Being aggrieved with such impugned action, the present appellant, being creditor of the above stated company has prayed for following reliefs: a. To allow the Company Appeal. b. To issue directions/notice to the opp. Party and to allow the Company Appeal directing the Registrar of Companies, Gwalior (M.P.) to restore the name of the Respondent No. 2 Company i.e. M/s. Rahul Steel Forging Private Limited in the statutory Register as maintained by the ROC, Gwalior (M.P.) as if its name had not been struck off from the rolls of the Register. c. Such orders which requires Registrar to change the status of the Company from Strike of....

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....Carry on the business as manufacturers of and dealers in all kinds of forgings, castings and forged components, ferrous and nonferrous or otherwise. Also to carry business as iron-masters, iron-founders, ironworkers, steelmakers etc." 5. The Appellant in the present appeal contends that the Registrar of the Companies vide its Notice No. 560(5)/2008/171 dated 17.05.2008 (issued in Form No. STK-7) followed by a final notice (issued under Sub-section (5) of Section 248(1) of the Companies Act, 2013) has struck off Companies name from its register with effect from 17.05.2008. 6. The Appellant humbly submits that the Respondent No. 1 has struck off the name of the company from the Register of Companies on 30.04.2008 due to non-filing of An....

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.... of steel and heat treatment plant for a total amount of Six Lakh Ninety Thousand Five Hundred only(Rs. 6,90,500/-) and submitted bill No. 21 dated 08.07.2007 to the respondent No. 2 and the respondent No. 2 has paid part payment for an amount of Rs. 40,000/- (Rupees Forty Thousand Only) after deducting Rs. 5500/- (Rupees Five Thousand and Five Hundred only) for quality issues and balance amount of Rs. 6,45,000/- (Rupees Six Lakh Five Thousand only) is still outstanding/due to receive. 11. The appellant further submitted that Respondent No. 2 has also acknowledged through various letters in response of appellant's letter dated 14.08.2007, 24.12.2007, 18.03.2008, 15.06.2008, 28.12.2012, 21.06.2014, 16.11.2016, 05.06.2019 confirmed its....

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....ppeal under Section 252(3) of the Companies Act as being creditor of the deregistered company; hence, he is eligible to file the same, seeking for restoration of company's name in the register of the ROC. Hence, the present appeal is found maintainable. 17. As per records, the name of the company, M/s. Rahul Steel Forging Pvt. Ltd. got struck off from the Register of Companies on 17.05.2008 (followed by a Gazette notification published in this respect), while the present appeal is filed on 20.11.2019. Hence, it is found to be filed well within limitation. 18. As per record, the main reason shown for striking off the name of the Company, M/s. Rahul Steel Forging Pvt. Ltd. is that the company has failed in filing its statutory retur....