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"Notice of motion for 9.9.2010.
Notice Re: C.M.No.16812-CII of 2010 as well. Dispossession of the applicant-petitioner shall remain stayed."

The record of the case was also summoned.

Sh. M.L. Sarin, learned Senior Advocate appearing on behalf of the petitioner-Company as well as applicant-Saral Gill has vehemently argued that no ejectment order could have been passed against the petitioner-Company as the same had ceased to exist having been dissolved under Section 560(5) of the Companies Act vide notification dated 12.6.2006 published in the Gazette of India (Annexure A-2) attached with this petition whereby the name of the Company was struck off from the Register of Registrar of Companies. Both the Authorities below have failed to appreciate the fact that the present ejectment petition was not maintainable as it was filed against the Company which had become defunct and had ceased to exist much before the filing of the ejectment application which was filed on 31.10.2005 as it is well settled that no case can be filed against a dead person/non-existent person and as such the present ejectment application ought to have been dismissed outrightly.