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TMI Blog2022 (8) TMI 882X X X X Extracts X X X X X X X X Extracts X X X X ..... been struck off and such Company is able to demonstrate that it is just to do so, to restore the name of the Company in the Register of the Registrar of Companies in the interest of all stakeholders, including the Appellant herein who seeks restoration of the name of the Company in the Register maintained by Registrar of Companies. The Company deserves to be restored - Application allowed. - CP/12/MP/2022 - - - Dated:- 5-8-2022 - M. B. Gosavi , Member ( J ) And Kaushalendra Kumar Singh , Member ( T ) For the Appellant : Vinit Nagar , PCS ORDER 1. The present appeal is filed by Mr. Rajesh Malviya, being Shareholder of M/s. Creation Developers Realtech Pvt. Ltd. (for brevity 'the Company') under Section 252(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of the Act could not be made due to negligence on the part of the board of directors, wherein they have failed to keep an eye on mandatory compliances under the act and also failed to coordinate with the professionals engaged for this purpose on regular basis. ii. The Respondent ROC had issued a public notice in form No. STK-5 dated 18.05.2018 indicating an intention to remove the name of the Company from the Register of Companies maintained by the ROC. Thereafter, Respondent ROC issued form No. STK-7 on 19.07.2108 Striking off the name of the Company. Copy of form No. STK-5 and form No. STK-7 is placed on record. iii. As per the notice of non-compliance of provisions of the Act issued by the ROC, the name of the wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alance sheet from Financial Year 2014-2015; and that the Registrar of Companies has struck off the name of the Company from the Register of Companies on Suo-Moto basis on 19.07.2018 due to non-filing of annual returns and balance sheet. Further, the Registrar of Companies prayed that the appeal may be decided on merit subject to the filing of all the pending financial statements with additional fees as per the requirement of the Companies Act, 2019/1956. 6. The grounds contemplated under Section 252 of the Act, that the Company was, at the time of its name being struck off, carrying on business or was in operation, or otherwise it is just that the name of the Company be restored to the Register of Companies, are required to be satisfied ..... X X X X Extracts X X X X X X X X Extracts X X X X
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