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TMI Blog2020 (10) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... in the notice. Such notice shall be accompanied by a copy of the Application with supporting documents. The Tribunal has not issued such notice to the Appellant - In such a situation, without giving any opportunity of hearing Learned Tribunal has passed the Impugned Order. Thus, the Impugned order hereby set aside and the matter is remitted back to the Tribunal with the direction that after hearing the parties decided the Appeal under Section 252 of the Act, as per law without influence by its earlier Order - Appeal allowed by way of remand. - Company Appeal (AT) No. 121 of 2020 - - - Dated:- 30-9-2020 - (Justice Jarat Kumar Jain) Member (Judicial) And (Balvinder Singh) Member (Technical) For the Appellant : Mr. Saurabh Agarwa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revenue of the Government of India. Hence, it was prayed that the name of the Company be restore in the Register of Companies. 3. The Authorized representative for the Registrar of Companies submitted before the Tribunal that they do not have any objection to restore the name of the Company in the Register of Companies. Ld. Tribunal by the Impugned Order allowed the Appeal and directed to restore the name of the Company in the Register of Companies. Before passing of Impugned Order no notice has been served on the Company, however, the Company was arrayed as the Respondent. 4. Being Aggrieved with the order passed by the Tribunal, the Appellant Ex- Director and Majority Shareholder and Power of Attorney Holder of the Company has file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charge of all its liabilities and obligations, even after the date of order removing the name of the Company from the Register of Companies. 8. Learned Counsel for the Appellant also submits that there is no business activity carried out by the Company as on the date and also in the year 2018. There is no employee available to look out for the affairs of the Company and such restoration would lead to an unreasonable amount of burden and penalties on the Appellant as Company is no position to comply with any of the provisions under the Act. Thus, the Impugned Order deserves to be set aside. 9. After hearing the Learned Counsel for the parties, we have perused the record. 10. In the Impugned Order it is not mentioned that before pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal seeking restoration of name of such company. 11. Rule, 37 of the National Company Law Tribunal Rules, 2016 also provides that the Tribunal shall issue notice to the Respondent to show cause against the Application or Petition on the date of hearing to be specified in the notice. Such notice shall be accompanied by a copy of the Application with supporting documents. The Tribunal has not issued such notice to the Appellant. 12. In such a situation, we are of the view that without giving any opportunity of hearing Learned Tribunal has passed the Impugned Order. The order is not sustainable in law. Thus, the Impugned order hereby set aside and the matter is remitted back to the Tribunal with the direction that after hearing the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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