9911796707
TMI Blog2023 (2) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... 17-18, 2018-19 2019-20 of the Appellant / Company shows that the Appellant/Company is having substantial movable as well as immovable assets. Therefore, it cannot be said that the Appellant/Company is not carrying on any business or operations. Hence, the order passed by the National Company Law Tribunal (New Delhi, Bench-V) as well as Registrar of Companies, NCT Delhi Haryana is not sustainable in law. The impugned order is set aside - The name of the Appellant/Company be restored to the Register of Companies subject to the compliances fulfilled. Appeal allowed. - Company Appeal (AT) No. 165 of 2021 - - - Dated:- 8-2-2023 - [ Justice Anant Bijay Singh ] Member ( Judicial ) And [ Mr. Naresh Salecha ] Member ( Technical ) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and i.e. Agricultural land admeasuring 7 Bighas, 14 Biswas (approximately 1.6 Acres, bearing Mustatil No. 38, Kila No. 6 (4-6), 7/01 (3-08) at village Dera Mandi, Tehsil Hauz Khas, Mehrauli, New Delhi (herein after referred as the Property). The said area when the property was purchased comes under Green Belt Zone according to Master Plan of Delhi 2021 and no construction is allowed in the said land neither the Government change its land use due to the fact that the said property is in Green Belt Zone. iii) During that time the erstwhile director tried its best liaison with the Government and get its sanctioned plan done but the same did not bear any fruit due to prohibition imposed by Delhi Development Authority (DDA). In the year 2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd its all of directors as contemplated under Section 248(1) of the Companies Act, 2013. The Respondent has not annexed any documentary evidence with regard to its claim that Form STK 1 dated 19.07.2019 has been sent to the Company as well as its directors. 4. It is further submitted that the Tribunal has also failed to consider that the Appellant has already annexed the property papers which are the only assets of the company and same is worth crores of Rupees having book value of Rs. 1,02,48,600/-. The Tribunal does not take into account if the company is struck off then what will happened to the assets of the company which is worth crores of rupees. Further, the assets of the company are situated in the green belt of area of Delhi and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled its financial statements till financial year 31.03.2015, due to which the Respondent/ROC had reasonable cause to believe that the Appellant/Company was not in operation and in terms of provision of Section 248(1) Notice was sent to the Appellant/Company and also to its 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 29.10.2019 was published on the website of Ministry of Corporate Affairs on 02.11.2019. Further, it is stated that since the Company was neither able to prove that it was carrying any business before it was strike off nor have prod ..... X X X X Extracts X X X X X X X X Extracts X X X X
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