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TMI Blog2021 (11) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... ROC, Ahmedabad. However, there is a Special Civil Application is pending before the Hon'ble High Court of Gujarat wherein the appellant company is party to the said application. Hence, without restoration of the name of the company the pending matter cannot be pursued by the company. The apprehension shown by the Caveator that the restoration of the name of the company may lead to undue advantage by the company upon the Caveator is without any reason. Even after restoration of the name of the company, if any matter is pending before any forum that would be pursued as per the applicable provisions of law and the order of restoration will not be a hurdle in the pending litigation. The restoration of the name of the company may lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) that the company was neither carrying on business nor in operation. This belief was further strengthened due to the fact that the company has not made any application for obtaining status of dormant company under Section 455 of the Companies Act, 2013. Accordingly, Registrar of Companies, Gwalior (MP) after complying with statutory formalities as specified under Section 248, struck off the name of the company on 25.10.2017 by publishing the STK-7 Form No. ROC/AHMD/248(5)/STK-7/PUB/3. 3. The Appellant company submitted that Income Tax Return and Financial Statement of the company has not been filed since F.Y. 2009-10 and it is also submitted that the no revenue has been generated by the company during such period. 4. The company had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the name of the appellant company and stated that the whole story alleged by the company in its appeal is not true. The company has stated in the appeal that the company having a Plot No. 11/D; area: 2183 sq. mt. is actually not in the name of the company as per the government record and the same has never executed in the name of the company. It is further submitted that the said property is an inherited property and the present Caveator and her sister are legal heirs of the said land. 8. It is further submitted by the Caveator there is a dispute with respect to the land claimed by appellant and Caveator and a Special Civil Application No. 12082 of 2021 is pending before the Hon'ble High Court of Gujarat. The appellant has approache ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty to the said application. Hence, without restoration of the name of the company the pending matter cannot be pursued by the company. We are of the view that apprehension shown by the Caveator that the restoration of the name of the company may lead to undue advantage by the company upon the Caveator is without any reason. Even after restoration of the name of the company, if any matter is pending before any forum that would be pursued as per the applicable provisions of law and the order of restoration will not be a hurdle in the pending litigation. Moreover, it is our view that the restoration of the name of the company may lead to smooth proceedings of pending litigations by the company, hence, it is just and reasonable to restore the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h ROC within thirty days of the receipt of this order; (vi) On such delivery and after duly complying with above directions, the Registrar of Companies, Gujarat (Dadra Nagar Haveli), is directed to, on his office name and seal, publish the order in the official Gazette; (vii) This order is confined to the violations, which ultimately leads to the impugned action of striking off the name of the Company, and it will not come in the way of ROC to take appropriate action(s) in accordance with law, for any other violations/offences, if any, committed by the Appellant Company prior or during the striking off of the company. 11. The Company Appeal is disposed of accordingly. 12. Urgent certified copy of this order, if applied fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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