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TMI Blog2020 (9) TMI 901X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be termed as a defunct company as per section 252 of the Act. Thus, taking into consideration the provisions of Section 252(1) of the Companies Act,2013, which vests this Tribunal with a discretion where the Company, whose name has been struck off, and such Company is able to demonstrate that it is just to do so, can restore the name of the Company, in the Register and in the interest of all stakeholders, including the Appellant itself, who seeks restoration of the name of the Company in the register maintained by Registrar of Companies, the company deserve to be restored. The Public Notice of Registrar of Companies,striking off the name of the company,is hereby declared illegal and set aside. The restoration of the company s name to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded into 8,00,000 equity shares of ₹ 10/- each. The issued, subscribed and paid up share capital of the Company is ₹ 71,17,700/- divided into 7,11,770/- equity shares of ₹ 10/- each, as per the Master Data Annexed. 4. The main objects of the company are: To discount bills, advance money on the security of goods lying with or under the control of the Company, to receive goods for sale on consignment basis and to do all other such acts that may be usual or necessary in order to market the samein connection with the main business of the Company and other main objects. 5. The Respondent no. 1 herein had issued Public notice bearing No. ROC/DELHI/248/STK-5/2018/2912 dated 18.06.2018.Consequently, Appellants name was stru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... njab Sind Bank for the period 01.10.2017 to 19.03.2019 showing various transaction details of the company and reflecting closing credit balance of ₹ 1,63,454.48/- as on 19.03.2019. iv. Copies of Income Tax Returns for the Assessment Years 2016-17 to 2018-19. The tax paid by the company for A.Y. 2018-19 is Rs. NIL. 8. ROC has filed its reply and stating that they have no objection if the name of company is restored in the Register of Companies, subject to appellant to filing all its pending statutory documents with the Registrar of Companies late till date along with the requisite late filing fee as prescribed under the Companies Act, 2013. 9. The Income Tax Department has not filed any reply in spite of opportunities given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Register of Registrar of Companies is ordered subject to its filing of all outstanding documents with proper filing fees along with additional fees required under law and completion of all formalities, including payment of any late fee or any other charges which are leviable by the respondent for the late filing of statutory returns, and also subject to payment of ₹ 25,000/- to be paid to Prime Minister s Relief Fund. The name of the Appellant Company shall then, as a consequence, stand restored to the Register of the Registrar of Companies, as if the name of the company had not been struck off in accordance with Section 248(1) of the Companies Act, 2013. 13. The petition stands allowed and disposed of in the above terms. 14. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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