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TMI Blog2020 (8) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... anies Act, 2013 against the impugned/final order in CA No. 04/CHD 2019 dated 05.09.2019 passed by the National Company Law Tribunal, Bench at Chandigarh (NCLT) is an appeal for revival of the Appellant Company under section 252 of the Companies Act, 2013. NCLT has dismissed the Appeal of the Appellant Company for revival of the Appellant Company. Brief fact of the case: 2. The Appellant company i.e. M/s Tweak the Future Innovations Private Limited was incorporated under the Companies Act, 1956 on 22.02.2011 vide CIN: U72900CH2011PTC032760, as a Private company limited by shares and the same is registered with the office of Registrar of Companies, Punjab & Chandigarh. The applicant company has its registered office address HNO. 3380; Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the company and company is continuing to carry out its business and operation till date and the Respondent i.e. Registrar of Company has not given any prior notice to the Appellant Company, ordered to publish the information regarding the removal of name of the Appellant Company from the register of companies w.e.f 11th September, 2018 in official Gazette dated 15.09.2018 on the ground that that the Appellant Company had not filled the statutory documents with the Respondent i.e. Registrar of Companies and the Appellant Company had not filed its financial statements and Annual returns for period from 2014-15, 2015-16-, 2016-17 for the last 3 years and believing that the company was not carrying on business or not in operation at time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant that the Respondent i.e. Registrar of Companies ordered to struck off the name of the Appellant Company from the Register of Companies w.e.f 11th September, 2018, whereas, the name of the Appellant Company was still retained in the records by the office of the respondent i.e. registrar of companies even after publication of the said notification and the same is evident from the fact that the Appellant company made filing of the pending statutory returns on 25.09.2018 and the Respondent i.e. Registrar of Companies issued notice dated 03.11.2018 to the Appellant Company to file its statutory return for the financial year 2017-2018. 9. The Appellant further submits that the Respondent filed its reply in the matter and did not object to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng off the name of the company to the extent the same is applicable to the appellant company e) Pass any other or further order or direction, which the Hon'ble Appellate tribunal may deems fit and proper in the facts and circumstances of the case in the interest of justice 13. It is submitted by the Respondent i.e. Registrar of Companies that the main issue raised by Hon'ble NCLT in its order dated 05.09.2019 is that the Appellant Company failed to show that on date of striking of the name of the company, whether it was carrying on business or operation or not. The conclusion drawn from the fact that at the time of issue of the gazette notification dated 15 September and 21 september,2019 the Company had not filed its financial stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of Section 248 may, if satisfied that the Company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the Company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the Company had not been struck off from the register of companies." 17. All the above reveals that the Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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