Company Law Decision by HIGH COURT OF DELHIHC Dismisses Writ Petition for Company Restoration, Directs Petitioner to Approach NCLT
Karmyogi Builders (P.) Ltd. v. Registrar of Companies
24-07-2024
CO.PET. 96 of 2012
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Facts:
The petitioner companys name was initially struck off by the RoC due to failure to file statutory returns since 1996. The Delhi HC restored the companys name in 2012, conditional on filing pending returns and balance sheets.
Despite restoration, the company failed to file the required returns due to ongoing disputes among its directors.
In 2017, the RoC again struck off the companys name u/s 248(5) of the Companies Act, 2013. The petitioner then filed a writ petition seeking directions for the RoC to accept delayed statutory returns and revive the company.
Decision:
The court held that the appropriate forum for addressing the petitioners grievances is the NCLT as per Chapter XXVII of the Companies Act, 2013.
The court dismissed the writ petition filed by the petitioner in the HC.
The court directed the petitioner to approach the NCLT to redress its grievances, indicating that the provisions under the old and new Companies Acts are consistent and that the new Act provides a detailed procedure for such cases.
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