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TMI Blog2021 (11) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... s striking off subject to payment of cost for non-compliance of rules relating to filing the Statutory Returns and Audited Financial Statements - appeal allowed. - Co. Appeal (MP) 14 of 2021 - - - Dated:- 7-10-2021 - Dr. Deepti Mukesh, Member (J) And Virendra Kumar Gupta, Member (T) For the Appellant : Harshvarshan Topre, Learned Counsel ORDER 1. This appeal has been filed by the director of M/s. Oracle Developers India Pvt. Ltd. under Section 252 of the Companies Act, 2013 for restoration of the name of the struck-off company i.e. M/s. Oracle Developers Inida Pvt. Ltd. (hereinafter referred to as the Company ) in the Register of Companies maintained by the ROC, Gwalior, Madhya Pradesh. 2. The facts, in brief, are that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmalities as specified under Section 248(1) struck off the name of the company on 23.10.2019 by publishing the form STK-7 No. ROC-G/248(5)/2019. 5. Learned Counsel appearing on behalf of the Appellant submitted that a civil suit bearing No. 16A/2013-E.D. pending against the Company before the Court of Additional District Judge, Gwalior since 2013, in respect to the land dispute against the company in which the company claimed to be the owner of that land. In the said suit the court has passed a temporary injunction on 30.09.2013 whereby the company is restrained from carrying out construction work upon the said land. It is further submitted that one Special Leave Petition against the company is pending before the Hon'ble Supreme Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame of the company in the Register of Companies from the date of its striking off subject to payment of cost for non-compliance of rules relating to filing the Statutory Returns and Audited Financial Statements. We allow the appeal with the following directions; (i) The Registrar of Companies, Gwalior, Madhya Pradesh the respondent herein, is ordered to restore the original status of the Company as if the name of the Company has not been struck off from the Register of Companies with resultant and consequential actions like changing status of Company from 'Struck off to Active. (ii) The appellant is directed to file all pending statutory document(s) including Annual Accounts and Annual returns for the financial years in default ..... X X X X Extracts X X X X X X X X Extracts X X X X
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