Case Law Details
The pleadings and the contentions of the rival parties give rise to the following issues:-
1. Is a person, not being a member or a creditor or the company itself, entitled to challenge the striking off of the name of the company under Section 560 of the Companies Act, 1956?
2. Does the petitioner have the locus standi to file and maintain the present writ petition?
The petitioner seeks relief with regard to an action taken by the Registrar of Companies under the provisions of Section 560 of the Companies Act, 1956. The Registrar of Companies by the impugned writing dated September 10, 2015 had issued a notice to the effect that, the name of Rama Inn (International) Private Limited (Company) has been struck off from the Register of Companies and that, such company is dissolved. The Registrar of Companies has exercised powers under Section 560 of the Act of 1956 in doing so.
At the time of filing of the writ petition, the provisions of the Companies Act, 2013 relating to striking off of a company had not been notified. The maintainability of the writ petition has to be considered on the basis of the law prevailing on the date of filing of the writ petition. Moreover, the action of the Registrar of Companies under Section 560 of the Act of 1956 is under challenge in this writ petition.
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