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TMI Blog2022 (11) TMI 761X X X X Extracts X X X X X X X X Extracts X X X X ..... nce its incorporation i.e. from 2012-13 to 2017-18, therefore, has not earned any profits and does not have any fixed assets in the company. Appeal dismissed. - Company Appeal (AT) No. 234 of 2020 - - - Dated:- 16-11-2022 - [ Justice Anant Bijay Singh ] Member ( Judicial ) And [ Ms. Shreesha Merla ] Member ( Technical ) For the Appellant : Mr. Lzafeer Ahmed, Mr. Sujoy Chatterjee, Mr. Suryaneel Das, Mr. Sarosij Das Gupta, Mr. Rishabh Singhle, Advocates. For the Respondent : Mr. Sagar Mehlawat, Prxy Counsel for Mr. Harish Vaidyanathan (CGSC) for R-1/ROC. JUDGMENT Justice Anant Bijay Singh ; The present Appeal under Section 421(1) of the Companies Act, 2013 filed by the Appellant being aggrieved and dissatisfied by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irs Portal (MCA 21 Portal), wherefrom it appeared that the status of the company was showing struck off . iii) Thereafter, brought to the attention of the Appellant that the Respondent had issued a Public Notice No. ROC/WB/STK/2017/1 dated 07.04.2017 in For STK-5 and Notice of Striking Off and Dissolution in STK-7 via Notice No. ROC/WB/STK/2017/2 dated 30.06.2017. The said Notices issued by the Respondent dated 07.04.2017 and 30.06.2017. Aggrieved by the same, the Appellant had preferred an Appeal under Section 252(3) of the Companies Act, 2013 being Appeal No. 729/KB/2019, inter alia, seeking resolution of the name of the company on the Register of Companies maintained by the Registrar of Companies, West Bengal, praying for direction u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s submitted that in exercise of the power conferred upon the Registrar of Companies under provision of Section 248 of the Companies Act, 2013 the said Registrar can strike off the name of a Company from his register after complying with certain formalities as provided by the said section when he has reasonable cause to believe that the company is not carrying on business or in operation as the company failed to file its statutory returns since its incorporation. The date of incorporation of the said company in 26.12.2012, the company has not filed its statutory returns since incorporation for the last 8 years. 6. It is further submitted that it is an evident from the records that the Company has not filed its balance sheets and annual re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or in operation. As per provision of Section 248(5) of the Act after expiry of the prescribed time period and as no response has been received from the company and the public, a notice (in STK No. 7) dated 30.06.2017 was issued by the Registrar of Companies, West Bengal reflecting the name of the company as strike off w.e.f. 09.06.2017 and the same was published in the Official Gazette on 15.07.2017. Based on these submissions, the Tribunal has rightly passed the impugned order, therefore, there is no merit in the present Appeal, the present Appeal is fit to be dismissed. 9. After hearing the parties and going through the pleadings made on behalf of the parties as also the impugned order dated 31.05.2021, we observe that the Tribunal has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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