9911796707
TMI Blog2019 (10) TMI 1482X X X X Extracts X X X X X X X X Extracts X X X X ..... t is just to do so, the Tribunal can restore the name of the Company in the Register of the Registrar of Companies. In the instant case the shareholder has enunciated and elaborated that some litigations are pending since long against the Company, its directors and shareholders whose continuity will be affected by striking off name of the Company. The Company deserves to be restored - Appeal allowed. - CA No. 125/252/JPR/2019 - - - Dated:- 11-10-2019 - MS. INA MALI-IOTRA HON'BLE JUDICIAL MEMBER AND SHRI RAGHU NAYYAR, HON'BLE TECHNICAL MEMBER For the Appellant : Suresh Sharma, PCS For the Respondent : U.S. Patoie, ROC-cum-OL. Tarachand Jain, Adv. ORDER Per: SHRI RAGHU NAYYAR, TECHNICAL MEMBER l. This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and to deal, layout develop, construct, erect, demolish, reerect, alter, repair, remode and to do any work in connection with any lands, building schemes, roads, sewers, bridges, canals, wells, springs, hotels, clubs, restaurants, parts, grounds, gardens, stores, shops, irrigations, reclamations, improvements, colonies and to contribute or otherwise assist or take part in the construction, maintenance, development, working central and management thereof. 4. As per notice of non-compliance of provisions of the Companies Act, 2013, due to non-filing of Annual Returns and Financial Statements since its incorporation as per the ROC, the name of the company was struck off in terms of provisions of Section 248 of the Companies Act, 2013. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce and it also seems that the ROC office has not taken any suitable action against the directors and against the company, as was directed by the Hon'ble Rajasthan High Court. 7. The Registrar of Companies has submitted in its reply that it has no knowledge whether the Company has been carrying on business. The ROC has further submitted that even though the Company had been ordered to be restored by the Hon'ble Rajasthan High Court Jaipur Bench, due statutory documents i.e. Annual Return and Balance Sheet have not been filed by the Company. Therefore, the ROC has again struck off the name of the Company under Section 248 of the Act after giving due notices to the Company. The ROC has further submitted that it has no objections in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strate that a running business was being pursued or its was in operation as on the date when the name was struck off, or otherwise it is just to do so, the Tribunal can restore the name of the Company in the Register of the Registrar of Companies. In the instant case the shareholder has enunciated and elaborated that some litigations are pending since long against the Company, its directors and shareholders whose continuity will be affected by striking off name of the Company. Therefore, in the interest of all stakeholders, including the Appellants themselves who seek restoration of the name in the Register maintained by Registrar of Companies, and in view of the forgoing facts and circumstances, the Company deserves to be restored. 11. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
