9911796707
TMI Blog2022 (1) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... SUKRITY BHAGWATI, SMTI. PRABHATY SARMA, SHRI SATYA NATH SARMA, SRI SAMBHU CHARAN BARMAN [ 2017 (6) TMI 1338 - GAUHATI HIGH COURT ] where it was held that The ownership of such a big estate is indicative of the fact that if there is no owner of any land, there is every likelihood of the said land will waste away by encroachment or otherwise or it will become a den for anti-social activities. It would be just and fair to allow restoration of the name of the appellant-company in the register of the Registrar of Companies - the appeal is allowed subject to payment of costs of ₹ 25,000 only to the Prime Minister's Relief Fund as ₹ 25,000 as to the Ministry of Corporate Affairs (MCA), the proof of which will be furnished by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... design development, construction, supervision and/or the management of the property, buildings, lands and estates (of any tenure or kind of any person and wherever located whether in India or elsewhere). 4. It is submitted by the appellant that due to lack of proper professional guidance, oversight and inadvertent reasons, the company could not file the annual accounts and returns post March 31, 2016 with the Registrar of Companies, NCT of Delhi and Haryana as required under the Companies Act, 1956 and/or the Companies Act, 2013. Consequently, the Registrar of Companies initiated proceedings under section 248 of the Companies Act, 2013 and struck off the name of the appellant-company from its register vide STK-7 Notice No. ROC/DELHI/24 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent has no objection, if the appeal is allowed. 8. That the Registrar of Companies has filed its reply dated September 9, 2021 submitting, inter alia, the following : 8. That the respondent most respectfully submits that the action of striking off of the present company was legal and justified and was the result of the operation of the law, as the company was not carrying on any operations for a period of two immediately preceding financial years (as indicated by non-filing of the financial statements of the company for two or more years) . . . 9. The provisions pertaining to restoration of the name of the company are provided in section 252(3) of the Companies Act, 2013, which, inter alia, includes that if a company is carrying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case reports where land involved in the suit or proceeding was illegally and fraudulently transferred . . . 15. For all these reasons, I am of the considered opinion that this application deserves to be allowed and consequently, the name of petitioner No. 1-company, i. e., Felpact P. Ltd., is ordered to be restored to its original status, as if the name of the company had not been struck off. 11. That in terms of the judgment supra, we find that it would be just and fair to allow restoration of the name of the appellant-company in the register of the Registrar of Companies. 12. In view of the above, the appeal is allowed subject to payment of costs of ₹ 25,000 (rupees twenty-five thousand) only to the Prime Minister's ..... X X X X Extracts X X X X X X X X Extracts X X X X
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