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TMI Blog2018 (4) TMI 1705X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the Company was non-operational at the relevant period of striking off its name in June, 2017. There is no just reason to restore the Company's name on Register of Registrar of Companies - appeal dismissed - decided against appellant. - Appeal No. 116/252/ND/2018 - - - Dated:- 23-4-2018 - DR. DEEPTI MUKESH, MEMBER (J) For The Respondent : Manish Raj ORDER 1. Present appeal is preferred u/ s 252(3) of the Companies Act, 2013 by the Company against the order published on 13.06.2017 vide Public notice No- ROC-DEL/248/STK- 5/2336 striking off the name of the Appellant Company. The Registrar by invoking the provisions of Section 248 of the Companies Act has struck off the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... object of the Company are as follows: (i) To establish factories, works, stores, warehouses, godowns, distributing centres, shop and depots for laminating, processing, the manufacturing, converting, producing, designing, dying, bleaching, printing, importing, exporting, buying, selling and otherwise dealing in all types of hosiery goods, cotton ,linen and silken cloth, jute, flax, hemp, cotton, wool and hosiery goods, rayon, nylon, staple fibres, synthetic fibres and to carry on the business as wool combers, cotton spinners, worsted spinners, woollen spinners, yarn merchants, worsted stuff manufacturers, bleachers, dyers and dealers of bleaching and dying materials of all types of hosiery and textiles goods, cotton, wool, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f. However, the Company has placed certain facts to prove it being in operation and functional during the period of striking off : (i) Copy of the audited Balance Sheets of the Company for the Financial Years 2012-13 to 2016-17. (ii) The Bank statements are for the period March, 2013 to December, 2013. (iii) Copy of the Purchase orders (April, 2016-March, 2017) (iv) Copy of the Sales Invoice (April 2016-March2017) (v) Copy of the Income Tax returns for the Financial Years 2016-17, 2017-18. 11. The Audited Balance Sheets of the Company are on record for the years March 2013 to March 2017. During the year 2017 at time of being struck off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh that the Company was doing business or in actual operation when its name was struck from the Register of the Registrar of Companies. Therefore it could be said that the Company was non-operational at the relevant period of striking off its name in June, 2017. 15. The Respondent ROC in its report has stated that it has no objection if the name of the Company is restored in the Register of Companies on the undertaking that the Company be directed 'to prove' that it was carrying on business or was in operation with further direction to file financial statements with appropriate filing fees and additional fees as leviable. 16. Provisions pertaining to restoration of the company u/s. 252 are to be appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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