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TMI Blog2020 (6) TMI 776X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 and further for reactivation of its Director's DIN. Hence, the Central Government, Ministry of Corporate Affair may consider such prayer as per its norms for re-activation of DIN of the directors of the appellant company in the light of this Tribunal's order. The company is further expected to clear its Income Tax dues, if any, and to obtain a No-Objection Certificate from the Income Tax Department. It would not be just and equitable to revive the name of the company, M/s. Rahul Steel Forging Pvt. Ltd. in the statutory register as being maintained by the Registrar of Companies, Gwalior - Petition dismissed. - (M.P.) Co. Appeal No. 03/252(3)/NCLT/AHM/2019 - - - Dated:- 4-6-2020 - Harihar Prakash Chaturvedi and Prasanta Ku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g to the present appeal are that: M/s. Rahul Steel Forging Private Limited was originally incorporated on 10.01.1969 as a Private Limited Company registered with the Registrar of Companies, Gwalior (M.P.) vide CIN U27101MP196PTC00146 under the provisions of the Company Act, 1956. The registered office of company is situated at: 19, Mukti Marg, Dewas, Gwalior, MP-455001. The authorised Share Capital of the company is ₹ 30,00,000/- (Rupees Thirty Lacs Only) divided in to 27,600 (Twenty Seven Thousand Six Hundred Only) Equity Shares of ₹ 100/- (Rupees One Hundred Only) and 2400 (Two Thousand Four Hundred) 9.5% Cumulative redeemable preference share of ₹ 100/- (Rs. One Hundred only) and issued subscribed and paid up share c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cant creditor and Respondent No. 1 has not made any such provisions as stated in the relevant section 248 (6) of the Companies Act, 2013 and hence, Respondent No. 2 needs to be revived by making an order as powers vested with the Hon'ble Tribunal under section 252(3) of the companies Act, 2013. 9. It is contended by the appellant creditor that the object of section 252(3) of the companies act 2013 is to give opportunity to the company, its members and creditors to revive the respondent company 2 which has been struck off by the Respondent No. 1 Registrar of companies, within a period of 20 years and to give opportunity to the respondent No. 2 only after the Hon'ble Tribunal is satisfied that such restoration is necessary in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ousand Only). 13. The ROC, Gwalior, in response to the present appeal has filed its Representation affidavit dated 08.01.2020 and justified its action by contending that the company has failed in filing of its annual returns (viz. balance sheets and other returns) and P/L Accounts with the Registrar of Companies, Gwalior since 31.03.1999; which are mandatory requirement under Section 159 and also under Section 92 and 137 of the Companies Act, 2013 and because of such lapses on the part of company, its name got struck off and these were the compelling reason to the Registrar of Companies to initiate such statutory action against the company under Section 248(1) of the Companies Act, 2013. 14. Notwithstanding the above, the ROC has furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of the company. 20. It may be seen that the present company appeal is filed (on 20.11.20) after the expiry of the period prescribed for availing benefits of delay condonation scheme, 2018 which was available only up to 01.05.2018 to apply to the Central Government for removal of disqualification imposed under Section 164 of the Companies Act, 2013 and further for reactivation of its Director's DIN. Hence, we are of the view that the Central Government, Ministry of Corporate Affair may consider such prayer as per its norms for re-activation of DIN of the directors of the appellant company in the light of this Tribunal's order. The company is further expected to clear its Income Tax dues, if any, and to obtain a No-Objection Cer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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