TMI Blog2022 (6) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... , which vests this Tribunal with a discretion where the Company, whose name has been struck off, and such Company is able to demonstrate that it is just and equitable to do so, can restore the name of the Company, in the Register and in the interest of all stakeholders, including the Appellant itself, who seeks restoration of the name of the Company in the register maintained by Registrar of Compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y was struck off on 29.10.2019 by the ROC. 2. It is contended that the reason given by RoC for striking off the name of the company is that the Company has not been carrying on any business or operation for two years immediately preceding financial years and has not made any application within such period for obtaining the status of dormant company u/s. 455 of Companies Act. Further contended t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the register. 4. RoC has not objected to this application for restoration of the name of the company. 5. On perusal of the application, we are satisfied that the name of the company should be restored to the register. 6. Thus, taking into consideration the provisions of section 252 of the Companies Act, 2013, which vests this Tribunal with a discretion where the Company, whose name has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from 'struck off to 'Active'. b. The Petitioner Company is directed to file all pending statutory documents including Annual Accounts and Annual returns along with the prescribed fee and additional fee as decided by the Registrar of Companies, NCT of Delhi and Haryana within 45 days from the date on which its name is restored on the register of companies maintained by the Registra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f. This order is confined to the violations, which ultimately led to the impugned action of striking off the name of the Company, and it will not come in the way of the Registrar of Companies, NCT of Delhi and Haryana to take appropriate action(s) in accordance with the law, for any other violations/offences, if any, committed by the petitioner company prior to or during the period the name of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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