Companies Act S. 250 – Name of the appellant company was struck off from the register of the ROC – After the striking off the name, a company ceases to remain as a company – However, even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of the company – Meaning thereby that after striking off the name of the appellant company the appellant was not entitled to pursue the CP which was primarily filed on an allegation of oppression and mismanagement of Respondent not for realisation of any debt. [Para 13]
Panthera Developers Pvt. Ltd. v. Sankalp Buildwell Pvt. Ltd. 2023 PLRonline 0101 (NCLAT)
A pvt ltd co a real estate business co , regd u/ CA,1956 in 09/1973 , had never filed annual returns since begining ,but was dissolved, struck off after CA,2013 ie after 26/12/2016 on 11/18/08/2017 as by way of composite order of strike off of 5205 companies for above failure for preceding 2 FYs . Has no Director , how to hold the Co n Directors etc accountable for liabilities, under various laws as names n addresses r not traceble esp after 2005 when digitisation took place of records of RoC