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TMI Blog2021 (1) TMI 575X X X X Extracts X X X X X X X X Extracts X X X X ..... R V Infra Tech & Motels Private Limited struck off by the Registrar of Companies, Uttar Pradesh U/s 248 of the Companies Act, 2013 read with Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, from the Register of Companies maintained by the Registrar of Companies, Uttar Pradesh. 2. Facts of the appeal are stated as under: i. The Appellant company S R V Infra Tech & Motels Private Limited was originally incorporated on 05.08.2008 with the Registrar of Companies, Uttar Pradesh having CIN U70200UP2008PTC035798. ii. The Appellant Company is involved in Real estate activities on a fee or contract basis and this class includes buying, selling, renting managing and appraising real es ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and accordingly, the company was dissolved as the Company failed to file its Annual return and Balance Sheets since 2013. 4. Further, the Income Tax Authorities in its representation mentioned there is the appellant company has filed its return of income for the AY- 2011-12 till 2019-20 and further stated that on spot verification it was found that on the registered address there is a duplex house and no company existing at the given address. 5. Further, in order to corroborate its submission, the Appellant has placed before us the Audited Balance Sheets for the Financial year 2013-2014 to 2018-2019 in which the last audited balance sheet for the year ending 31st March, 2019 reflects that though the company's revenue fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce sheets. The documents relied upon by the Appellant unmistakably demonstrate that the Appellant Company living entity. This Tribunal has examined the relevant provision applicable for restoration of the name of the company as provided in Section 252 of the Companies Act 2013 and as per the facts and circumstances of the case, it will be in the interest of the Company, its Shareholders and Creditors, the name of the Company be ordered to be restored by this Bench while exercising its jurisdiction U/ s 252 of the Companies Act, 2013 read with Rules made thereunder. 9. The provisions pertaining to restoration of the name of the company has been provided in Section 252 of the Companies Act 2013 which includes that, if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsp; The restoration of the Company's name is also subject to the payment of cost of Rs. 50,000/- (Rupees Fifty Thousand Only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "payment of cost for revival of Company pursuant to orders of NCLT in CA No. 168/ALD/2020. 14. The Appellant is permitted to deliver a certified copy of this order with RoC within thirty days of the receipt of this Order. On such delivery of and after duly complying with above directions, the Registrar of Companies, Kanpur is directed to, on his office name and seal, publish the order in the Official Gazette. 15. The Appellant shall publish a notice in leading newspaper in the district, regarding res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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