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TMI Blog2022 (8) TMI 424X X X X Extracts X X X X X X X X Extracts X X X X ..... er in operation nor doing any significant business at the time when its name was struck off from the register of RoC. This Bench is not inclined to interfere with the striking off action taken by the RoC against the Appellant Company under Section 248(5) of the Companies Act 2013 - Appeal dismissed. - Appeal No. 199/252/ND/2020 - - - Dated:- 26-7-2022 - P.S.N. Prasad, Member (J) And Rahul Bhatnagar, Member (T) For Appearing Parties: Shivankar Rao, Sanjana Mishra, Advs., Abhishek Maratha, Sr. Standing Counsel and Pratyaksh Gupta, Jr. Standing Counsel ORDER P.S.N. Prasad, Member (J) 1. The present Appeal has been preferred by M/s. Llyod Logic Systems Pvt. Ltd. Private Limited (hereinafter referred to as the 'Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matic calculators, projectors and cameras, and capacitors, resistance, condensers, semiconductors, transistors, rectifiers, integrated and hybrid circuits, relays, potentiometers, connectors, printed circuits, coils, chokes, transformers, switches, volume controls, plugs, sockets, aerial gears, diodes and allied items intended for and used in electronic devices, and component parts thereof and other materials used in or in connection with electronic industries. 4. To carry on the business of development of computer software including development, importers, exporters, traders, consultants, agents, buyers and sellers, contractors stockists, distributors, users, wholesalers and retailers. 5. To design invent, prepare, own, make use ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s customers and other parties in India and elsewhere and to act as export house of computer including its softwares and hardwares. 4. It is submitted by the Appellant Company that the RoC Delhi and Haryana initiated proceedings under Section 248(5) of the Companies Act 1956 and struck off the name of the Appellant Company from its Register, vide its Notice No. ROC/DELHI/248(5)/STK-7/2879 dated 30.06.2017. The name of the Appellant Company appeared at serial No. 11237 of the list of companies struck off by the ROC. 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 Return for the period 2007-08 to 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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.) 8. The income tax department has not filed it report. However, vide order dated 17.12.2021 it was recorded as under: Heard the submission made by the counsel for the Appellant has appeared as well as Jr. St. Counsel for Income Tax Department. The Jr. St. Counsel for Income Tax Department has submitted that they have no objection to this proposal/..... 9. The provisions pertaining to restoration of the name of the Company are provided in the Section 252(3) of the Companies Act, 2013, which, inter alia, includes that if a company is carrying out its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by him. On the contrary, it is also stated by the appellant that he came to know about the striking off of the company only in last week of November 2019, and on further inquiry it was transpired that annual return had not been filed since 2008, even though he had engaged services of a Charted Accountant to perform the task of filing the returns with the office of the Registrar. Thereafter, it also came to the knowledge of the Appellant that one of the Director i.e., the real brother of Appellant had resigned from the directorship of the Company and Mr. Girindra Biswas had been inducted as the new director. The appellant has also stated that as per his belief the previous director, Mr. Jagdish Gulati was complying with all the statutory r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... significant business at the time when its name was struck off from the register of RoC. 12. In the current circumstances, it is worthwhile to refer to the Judgment of Hon'ble NCLAT in the matter of Alliance Commodities Private Limited Vs. Office of Registrar of Companies, West Bengal, Company Appeal 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 Gaze ..... X X X X Extracts X X X X X X X X Extracts X X X X
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