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TMI Blog2019 (12) TMI 1441X X X X Extracts X X X X X X X X Extracts X X X X ..... er of Companies on 21-6-2017. This Appeal was filed on 9-7-2019. Therefore, this Appeal is within time - This is not an Appeal filed by the Company itself for restoration of its name. It is a case where the Shareholders of the Company is asking for restoration of the name of the Company which was struck off in a suo motu action under the provisions of section 248(1)(c) of the Companies Act, 2013, due to failure in filing of its statutory returns for a continuous period of more than two years of the company viz Narayan Infrastructure Private Limited. Therefore, if there are grounds to restore the Company, there is no legal impediment to restore its name in the Register of Companies. It is stated in the Appeal that Narayan Infrastructure Priv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... GJ2007PTC050140. 3. Mr. Ramakant Ambalal Chokshi, Mr. Ashwin Ambalal Chokshi and Mr. Narendra Ambalal Chokshi being shareholders of Narayan Infrastructure Private Limited resolved to file an Application before the National Company Law Tribunal under section 252(3) of the Companies Act, seeking restoration of the name of Narayan Infrastructure Private Limited in the Register of Companies maintained by the Registrar of Companies, Gujarat, Dadra Nagar Haveli. Further, Mr. Ramakant Ambalal Chokshi, Mr. Ashwin Ambalal Chokshi and Mr. Narendra Ambalal Chokshi being shareholders of Narayan Infrastructure Private Limited have signed the present Appeal. 4. The facts, led to the striking off the name of Narayan Infrastructure Private Limited, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the management remained involved in carrying out the business although it was struggling with financial crises and the assets of the company remained intact and it never became defunct nor a situation arose for wining up of its business. The company remained functional from 2012 to 2017. Due to financial crises faced by the management of the company since last 4 years and the management of the company unaware about statutory filings to be made to the Registrar of Companies and also face lack of professional guidance and support to the management during such period and Board of the Company in filing of such statutory returns and due to this, the non-filing of statutory documents was not deliberate but an inadvertent mistake on the part of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s received from the Income Tax Department, Vadodara. Copy of the letter written by the Office of the Chief Commissioner of Income-tax to their Counterpart at Vadodara to submit their reply to this petition is also available on record. 8. The Appellants filed the present appeal being filed under section 253(3) of the Companies Act being Shareholders of the de-registered company, hence, the appellants are eligible to file the same to seek restoration of company's name in the register of the RoC. Therefore, the present appeal is found maintainable. 9. Section 252(3) of the Companies Act, 2013 enables a Company or any Member or Creditor or workman, who feels aggrieved by an order striking off the Company from the Register of Companies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on unusual transaction made, if any during the demonetisation period. In response to the said orders, the company has filed the certain documents dated 20-9-2019 being copy of statement of bank accounts for last three years along with Status of Directors on MCA Portal. 12. Further, it is observed from the documents submitted by the Appellants that there is a charge of ₹ 6.00 Crores existing on the company as on 25-1-2007 and the charge is still open as on 31-3-2013. Further, it is observed that as per the DIN Status of the Directors, Mr. Ashwin Ambalal Chokshi, Mr. Harish Kumar Ambalal Chokshi and Mr. Narendra Ambalal Chokshi, are disqualified by RoC under section 164(2) of the Companies Act for the period from 1-11-2016 to 31-10-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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