In
the recent Kolkata High Court Judgment on BASANTI COTTON MILLS PVT. LTD. Vs
REGISTRAR OF COMPANIES, WEST BENGAL
As
per the judgment:
A
Company can be strike off by the Registrar of the Companies as a Defunct
Company only if the company in reply to the notice of defunct company issued to
it asserts that it no more carry on any business or the Company do not reply
the notice. If in reply to the notice the company affirms otherwise its name
can’t be strike off, though the registrar has all the authorities to verify and
raise query on the working status of the Company.
Another
point of importance is section 3(5) of the Companies Act, 1956 as per which the
name of the Company can be strike off if it fails to maintain the minimum
paid-up capital requirement, but again in this situation too it shall be an
un-disputed and absolute matter of not fulfilling the minimum paid-up capital
requirement.
The information given in this blog is the personal
understanding of the writer and shall not be used as a conclusive material the
content stated/mentioned here is subject to changes by respective
government/authorities in the applicable laws. Writer shall not be
liable for any direct or indirect damages caused to any person acting solely
on/based upon the information provided herein.
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