The Tax Publishers

Companies Act, 2013

Winding up Petition filed before Restoring Name of Company--Whether Maintainable

Pragya Lalwani

Learned Author seeks to explain the decision of National Company Law Tribunal(NCLT), Allahabad Bench in Anubhav Gupta v. Inside Softwares (P) Ltd 2019 TAXPUB CL 390 (NCLT-Allahabad) in the light of section 273 read with sections 252(1) and (3) that in case other remedy is available(in this case restoration of name of company), petitioner should pursue it instead of seeking remedy for winding up of company as it's a last resort.

1. Facts of the case

Respondent company was struck off by the Registrar of Companies (RoC) in accordance with section 248 due to non-maintenance of various records and statutory registers that are required to be maintained under the Companies Act, 2013. The contributories (petitioners) of company who are also promoter director of such company filed petition for winding up of the company and appointment of Official Liquidator to take possession of the assets, properties, books and records of the company by following the summary procedure of winding up under section 272 read with section 271(1)(g) and section 360 of the Companies Act, 2013. Petitioner contended that substratum of the company has been lost and the main object of respondent company has been failed to materialize, thus, summary procedure has to be followed. Notice was served to Registrar of Companies(RoC) regarding the application filed who in reply objected that without restoring the company, winding up petition was filed which was not maintainable.

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