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TMI Blog2022 (12) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... nce, we are of the view that the order passed by the NCLT, New Delhi as well as RoC, NCT Delhi Haryana is not sustainable in law. The name of the Appellant Company be restored to the Register of Companies subject to the compliances imposed - application allowed. - Company Appeal (AT) No. 90 of 2021 - - - Dated:- 6-12-2022 - [ Justice Anant Bijay Singh ] Member ( Judicial ) And [ Ms. Shreesha Merla ] Member ( Technical ) For the Appellant : Mr. Saurabh Kalia, Mr. Piyush Singh, Mr. Akshay Srivastava, kashish Sareen, Priyal Sarawagi, Riddhi Jain, Advocates For the Respondent : None JUDGMENT Justice Anant Bijay Singh ; The present Appeal under Section 421(1) of the Companies Act, 2013, has been filed by the Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntractors, stockiest, suppliers, distributors, users, whole sellers and retailers in all kinds of electric control panels, Distribution Boards and Power supplies. iii) The Authorized Share Capital of the Company is Rs. 5,00,000/- divided into 5000/- Equity shares of Rs. 100/- each. The issued, subscribed and paid-up share Capital of the Company as on date is Rs. 4,98,000/- divided into 4980 Equity shares of Rs. 100/-. The Appellant Company was incorporated with Directors namely Mr. Madan Lal Kamboj, Mr. Bhajan Lal Kamboj and Mrs. Saroj Rani Kamboj. The aforesaid directors are still continuing in the Appellant Company. The accounts of the Company are prepared and audited every year by the Auditor M/s Aggarwal Subhash Chand Co., Chartere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ched the Tribunal under Section 252 of the Companies Act, 2013 for revival of the Appellant Company and after hearing both the parties, the Tribunal passed the impugned order which led to filing of this Appeal. 3. The Ld. Counsel for the Appellant during the course of argument and in his memo of Appeal submitted that dissolution was given effect in pursuant to Section 248(5) of the Companies Act, 2013 without complying with provision of Sub-section (6) to the Section 248 of the Act, whereby in the said provision it is mandatory for Respondent i.e. ROC to make sufficient provision for realization of all the amount due to the Company and for the payment or discharge of its liabilities and obligations by the Company within a reasonable time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directors by invoking the provisions of Section 20 of the Companies Act, 2013. After expiry of time as mentioned in notice published/sent and non-receipt of any objection from the company/directors, dissolution in form STK-7 having effect from 08.06.29018 was published on the website of Ministry of Corporate Affairs on 08.08.2018. Further, it is stated that the Respondent has not objection to the grant of prayer of the Appellant subject to such order which this Tribunal may deem fit and proper. 5. After hearing the parties, going through the pleadings made on behalf of the parties and in view of the fact that the Audited Balance Sheet for the year ended 31.03.2016, 31.03.2017, 31.03.2018 31.03.2019 and Income Tax Return of the Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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