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TMI Blog2021 (5) TMI 779X X X X Extracts X X X X X X X X Extracts X X X X ..... sions 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 Public Notice of Registrar of Companies, striking off the name of the company, is hereby declared illegal and set aside. The restoration of the company's name to the Register of Registrar of Companies is ordered - Appeal allowed. - Appeal No. 241/252/ND/2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, agriculturists, horticulturists, sericulturists, farmers, gardeners and producers of seeds with a view to raise crops, vegetables, plants, trees, fruits, flowers, herbs, prepare for market import, export or otherwise deal in agricultural, floricultures, sericulture, pisciculture, horticultural and garden products, farm products, grains, seeds, crops including commercial crops. (b) And other main objects. 5. The Respondent herein had issued Public notice bearing No. ROC/DELHI/248/STK-5/721 dated 27.04.2017. Consequently, Appellant's name was struck off vide notice bearing No. ROC/DELHI/248(5)/STK-7/2879 dated on 30.06.2017 (Company's name appearing at Sl. No. 14324) whereby name of 22864 companies have been struck off w. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat they have no objection, if the name of company is restored in the Register of Companies, subject to appellant filing all its pending statutory 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 filed reply on 09.12.2020, in which it has been submitted that the company has filed its Income Tax Returns for the A.Y. 2018-19 and 2019-20. It further states that the tax paid of ₹ 1,000/- for the A.Y. 2018-19, there are no pending cases and outstanding dues against the company, no cash deposits have been made by the company in the period of demonetization. 10. The grounds contemplated under Section 252 of Companie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... triking off the name of the company, is hereby declared illegal and set aside. 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, including payment of any late fee or any other charges which are leviable by the respondent for the late filing of statutory returns, and also subject to payment of ₹ 25,000/- to be paid to Prime Minister's Relief Fund. The name of the Appellant Company shall then, as a consequence, stand restored to the Register of the Registrar of Companies, as if the name of the company had not been struck off in accorda ..... X X X X Extracts X X X X X X X X Extracts X X X X
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