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Striking off of a company can only be done on companies own admission that it is defunct
Case Law Details
- Case Name
- Basanti Cotton Mills (1998) (P.) Ltd. Vs Registrar of Companies, West Bengal (Calcutta High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Calcutta High Court
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HIGH COURT OF CALCUTTA
Basanti Cotton Mills (1998) (P.) Ltd.
versus
Registrar of Companies, West Bengal
C.P. NO. 432 OF 2010
AUGUST 8, 2012
JUDGMEN
I.P. Mukerji, J.
Section 560 of the Companies Act, 1956 is involved in this case. It provides that if the Registrar of Companies has reasonable cause to believe that a company is not carrying on business or the company is not in operation, he can strike off its name from the register. A challenge to that decision lies to the High Court under Section 560(6) of the Act. This appeal may be preferred by the company or by any member or creditor thereof...
