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TMI Blog2022 (1) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... llant Company has not filed or placed on record the copies of the Financial Statements for the Financial Years 2015-16 and 2016-17 i.e., for the two years prior to the date of its striking off to depict that the Appellant Company was in operation or carrying out its business. This Bench is of the view that the Appellant Company has failed to bring anything concrete on record, which could demonstrate that the Appellant Company was either in active operation or carrying out its business during the immediately preceding two financial years from the date of striking off or it is otherwise just and fair to restore the name of the Appellant Company in the register of RoC - the striking off action taken by the RoC against the Appellant Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectrical and all other types erection, commissioning projects, project trading as well as consultant for execution of projects on turnkey basis for equipment of industrial domestic and other purposes. ii) To carry on the business as builders, consultants, civil engineers, surveyors, town planners, estimators, valuers, interior and exterior decorators, general and government civil contractors of immovable properties, all types of structural and pilling engineering work, interior designing, land scaping and graphic. iii) To buy, exchange, purchase, or otherwise acquire any interest in any immovable property, infrastructure projects such as houses, building, market, shops industrial sheds lands within or outside the limits of munic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty of the company or any other immovable property . 4. It is submitted by the Appellant Company that the RoC Delhi and Haryana 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-DEL/248(5)/STK-7/2879 dated 30.06.2017. The name of the Appellant Company appeared at serial no. 2679 of the list of companies. It is further added that the ROC struck off the Appellant Company s name from the register due to defaults in statutory compliances, namely failure to file Financial Statements Annual Returns since FY 2011-12. 5. The Appellant Company has submitted that it tried to develop housing projects, which could not be commissioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s report are reproduced below : 7. That during the course of hearing on 25.10.2021, the AROC submitted that the Appellant Company has not filed its Financial Statements for the two financial years preceding the date of strike off the name of the company and the Financial Statements submitted by the Appellant Company for the subsequent years show no revenue from operations. 8. After going through the averments, documents, replies and hearing submissions of both the parties, we observe that the Appellant Company has placed 05 Agreements to Sell (Without Possession) entered into by the Appellant Company in the year 2014 on record which only depict payment of certain amount paid by it as advance. The Appellant Company has neither ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, Company Appeal (AT) No. 20 of 2019 : 9. Section 252 (3) of the Companies Act, 2013 empowers the Tribunal to order restoration of a Company whose name has been struck off from the Register of Companies, if such company, any member or creditor or workman thereof feeling aggrieved by such striking off applies before the Tribunal seeking restoration of the struck off company to the Register of Companies before the expiry of twenty years from the publication in Official Gazette of notice under Section 248(5). The exercise of such power is properly regulated and depends upon satisfaction of the Tribunal that the Company at the time of its name being struck off was carrying on business -10- Company Appeal (AT) No. 20 of 2019 or in operatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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