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TMI Blog2020 (10) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... me was struck off and also keeping in consideration 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 deserved to be restored. The restoration of the company s name to the 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 - Appeal allowed. - Appeal No. 1002/252/ND/2019 - - - Dated:- 15-10-2020 - DR. DEEPTI MUKESH HON BLE MEMBER (JUDICIAL) And MS. SUMITAPURKAYASTHA HON BLE M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to students of ` all level at school, college, graduation and post-graduation levels. and other main objects. 4. A notice no. ROC-DEL/248(1)/378/3787342019 dated 20.07.2019 was issued by the Registrar of Companies that the company has not been carrying on any business or operation for a period of two immediately preceding financial years and have not made any application within such period of obtaining the status of dormant company under Section 455. The name of the company was struck off in terms of provision of Section 248 sub section 5 of the Companies Act, 2013 read with Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 vide notice dated 29.10.2019. 5. The Appellant has submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. The appellanthas stated that no notice under section 248(5) of the Act in the form of STK-7 was served through physical mode to the Company or any of the directors of the company on their behalf and were not afforded any opportunity of being heard before striking off of the name of the company. The appellant also had no knowledge of the same. Hence failed to make representation to the ROC- Delhi and could not file necessary documents within the stipulated period of time. 8. The appellant company has admitted that there has been default for the non- filing of the documents with the registrar of the companies due to the lack of proper professional guidance, oversight, inadvertent reason and without any malafide reasons, consequently, d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tements up to date with appropriate filing and additional fees. 12. The Income Tax Department has not filed their report. The appellant company has duly filed income tax return for the financial years 2016-17, 2017-18 and 2019-19 which has been annexed. 13. Section 252(3) contemplates that one of the three conditions are required to be satisfied before exercising jurisdiction to restore company to its original name on the register of the Registrar of Companies namely: i. That the company, at the time of its name was struck off, was carrying on business. ii. Or it was in operation iii. Or it is otherwise just that the name of the company be restored on the register. 14. The Appellant have submitted sufficient evide ..... X X X X Extracts X X X X X X X X Extracts X X X X
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