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TMI Blog2021 (8) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... name of the company. On the other hand, 50% shareholder and the second and remaining Director of the company who is the third respondent in the CP categorically contended that the company was not in operation prior to the striking off its name. Petition dismissed. - CP No. 49/Chd/Hry/2020 - - - Dated:- 27-7-2021 - Ajay Kumar Vatsavayi, Member (J) And Raghu Nayyar, Member (T) For the Appellant : Mast Ram, Nitin Kumar and Subhash Saini, Practising Company Secretaries For the Respondents : Yogesh Putney, Senior Standing Counsel and Anil Kumar Aggarwal, Advocate JUDGMENT Ajay Kumar Vatsavayi, Member (J) 1. This petition has been filed by Mr. Tarik Klair (hereinafter referred as petitioner) being Director of M/s. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l statements and annual return of the company since financial year 2015-16. The name of the Company is stated to be at Serial No. 14622 in Form STK-7 Dated 08.08.2018, which is at Annexure A-6 of the petition. 4. It is stated that the company has been active since its incorporation and have also been maintaining its registered office at the residential address of respondent No. 3. Company has been maintaining all the statutory records as per provisions of the Companies Act, 2013 at the said address. The Company has been incurring expenditure for carrying on its business operations. The Memorandum of Understanding/Agreements executed with the employees are attached as Annexure A-11. The Company has also maintained a bank account with Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the Company did not file its financial statement since financial year ended on 31.03.2015 due to which the ROC had reasonable cause to believe that the Company was inactive and in terms of Section 248(5) of the Act read with Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, the name of the Company was struck off from the register of companies vide notification in Form STK-7 dated 08.08.2018. It has been prayed that the Company be directed to prove that it was carrying on business or was in operation and that if it is just that the name of the Company be restored to the register; the company be directed to file the financial statements up-to-date; cost be awarded in favour of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs, the learned counsel for the Income Tax Department and the ROC and also that of the learned counsel for the third respondent and have also perused the records. 12. The relevant Section 252(3) of the Act reads as follows:- (3) If a company, or any member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the na ..... X X X X Extracts X X X X X X X X Extracts X X X X
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