CP No. 198 of 2011
CA No.314 of 2011
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
In the matter of:
SARDA ENTERPRISES PVT. LTD.
Versus
THE REGISTRAR OF COMPANIES, WB
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 20th May, 2011.
Appearance:
Mr. A. Mishra Adv.,
The Court: It has been admitted in the affidavit in opposition filed by the
Central Government, that the procedure under Section 560(6) of the Companies
Act, 1956, has not been followed before striking off the name of the company
from the register of the Registrar of the Companies.
Three notices are contemplated in such Section and the sub-Sections
thereunder before such action can be taken.
In view of the above procedural irregularity, the decision to remove the
name of the company from the register is set aside.
However, this will not preclude the Registrar from taking fresh action in
accordance with law, as is available to him.
This application is accordingly allowed.
2
Affidavit filed by the Central Government in Court today is taken on record.
All parties concerned are to act on a signed photocopy of this order on the
usual undertakings.
(I.P. Mukerji, J.)
SP/
