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TMI Blog2020 (12) TMI 959X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 name is restored - application allowed. - Appeal No. 285/252/ND/2020 - - - Dated:- 22-12-2020 - DR. DEEPTI MUKESH, HON BLE MEMBER (JUDICIAL) And MS. SUMITA PURKAYASTHA, HON BLE MEMBER (TECHNICAL) For the IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 019/3789 dated 09.08.2019. Consequently, Appellant s name was struck off vide notice bearing No. ROC/DELHI/248(1)/STK-7/6217 dated on 29.10.2019 (Company s name appearing at Sl. No. 460) whereby name of 8114 companies have been struck off w.e.f. 29.10.2019 from the Registrar of Companies. 6. As per the ROC, Appellant had not filed its Financial Statements and Annual Returns for the Financial Years since 2016-17, 2017-2018 and 2018-19 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 Companies Act, 2013 read with Rule 7 and Rule 9 of the Companies (Removal of Names of Companies from the Register of Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y documents with the Registrar of Companies 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. 10. The grounds contemplated under section 252 of Companies Act, 2013, are that the company was carrying on business or was in operation at the time of striking off its name or where 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. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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