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TMI Blog2020 (11) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Appeal allowed. - Appeal No. 409/252/ND/2019 - - - Dated:- 28-10-2020 - DR. DEEPTI MUKESH, HON BLE MEMBER (JUDICIAL) And MS. SUMITA PURKAYASTHA, HON BLE MEMBER (TECHNICAL) For the Appellant : Mr. Dhruv Sharma, Adv. For the ROC : Ms. Sweety KumarKhatter,AROC For the IT Dept. : Ms. EashaKadian, Adv. ORDER PER DR. DEEPTI MUKESH, MEMBER ( JUDICIAL ) 1. The present appeal is filed by M/s Space Case RestaurantPrivate Limited (for brevity the Company ) throu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) And other main objects. 5. The Respondent herein had issued Public notice bearing No. ROC/DELHI/248/STK-5/2018/2912 dated 18.06.2018.Consequently, Appellant s name was struck off vide notice bearing No. ROC/DELHI/248(5)/STK-7/4865 dated on 08.08.2018(Company s name appearing at Sl. No. 20346) whereby name of 24280 companies have been struck off w.e.f. 08.08.2018 from the Registrar of Companies. 6. As per the ROC, Appellant hadnot filed its Financial Statements and Annual Returns from the Financial Year ended on31.03.2016, 31.03.2017 and 31.03.2018, thereby giving rise to the surmise that the business of the company was not in operation. Consequently, the name of the company was struck off in terms of provisions of Section 248 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 2013, are that the company was carrying on business or was in operation at the time of striking off its nameorwhere it appears just to the Adjudicating Authority that the name of the company is to be restored to the Register of Companies and the Section 252(1) further contemplates that one of the above three conditions are required to be satisfied before exercising jurisdiction to restore the company to its original name on the register of the Registrar of Companies. 11. The Appellant has submitted sufficient evidence that it has been in operation during the period preceding strike off, therefore it could not be termed as a defunct company as per section 252 of the Act. Thus, taking into consideration the provisions of Section 25 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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