Delhi High Court - Orders
Schindler India Pvt Ltd vs Arn Infrastructure India Ltd on 27 April, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~24(2022)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 17/2018
SCHINDLER INDIA PVT LTD. ..... Petitioner
Through: Mr Sonal Jain, Mr Ishkaran Singh,
Ms Kajal Sharma, Advocates.
versus
ARN INFRASTRUCTURE INDIA LTD. ..... Respondent
Through: Mr Tathagat Mewara, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 27.04.2022
1. The learned counsel appearing on behalf of the respondent states that the respondent company does not exist anymore as its name has been struck off from the Register of Companies.
2. The learned counsel appearing for the petitioner refers to an order dated 26.09.2019 passed by the National Company Law Tribunal in Appeal No. 1021/252/ND/2018, whereby the respondent's application for seeking restoration of its name on the Register of Companies was allowed subject to payment of costs and filing the outstanding documents, which the respondent had failed to do. Further, the order freezing the bank accounts of the respondent was vacated.
3. He states that although the respondent company has now revived and operating its bank accounts, the respondent is refraining from filing any Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:29.04.2022 documents and therefore, taking advantage of continuing its activities and yet not existing on the Register of Companies.
4. Clearly, if the respondent is not existing, there is no question of the respondent operating any bank account.
5. At the request of the learned counsel for the petitioner, list on 02.08.2022.
6. The petitioner is also at liberty to communicate a copy of this order to the concerned banks.
VIBHU BAKHRU, J APRIL 27, 2022 pkv Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:29.04.2022