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November 2022

Corporate Law Corner Part A : Company Law

By Pramod Prabhudesai | Vinod Agrawal, Chartered Accountants
Kaushik M. Jhaveri, Company Secretary
Reading Time 2 mins
11. M/s Magma Cellular Systems Marketing Pvt. Ltd. vs. The Registrar of Companies, Bihar
National Company Law Tribunal
Kolkata Bench, Kolkata
Appeal No. 12/KB/2022
Date of order:  10th May, 2022

Inadvertent removal of the name of the Company from the Register of Companies while charges are pending for satisfaction and remedial measures.

FACTS

The Registrar of Companies (RoC), Bihar had filed this appeal u/s 252(1) of the Companies Act, 2013, praying that an order be passed for restoring the name of the respondent company namely M/s Magma Cellular Systems Marketing Pvt. Ltd. (MCSMPL) in the register of companies maintained by the RoC.

It was submitted that Rule 3(1)(ix) of the Companies (Removal of name of companies) Rules, 2016 provides that companies having charges pending for satisfaction cannot be struck off by the RoC.
    
It was further submitted that the name of MCSMPL was inadvertently struck off from the register of companies by the office of RoC due to the voluminous task and mechanical process being followed in the generation of the list of companies from the MCA-21 portal and lack of manual verification and internal check thereof.

It was stated that the Ministry, on analysis of the list taken from MCA-21 records centrally on a pan-India basis, found that there are various companies which have been struck off but st
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