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TMI Blog2023 (5) TMI 201X X X X Extracts X X X X X X X X Extracts X X X X ..... a which was allotted by New Okhla Industrial Development Authority (NOIDA) for the purpose of Auto Parts Shop Repair Workshop Motor Garage and the Company was paying electricity bill regularly from July, 2017 to September, 2020. Further, the Respondent No. 1/Registrar of Companies in his reply before the NCLT has stated that it has no objection if the name of the Company is restored on proving by the Company that it was carrying on business or was in operation and the Company be also directed to file financial statements up to date with appropriate filing and additional fees. 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 bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant Company carry the following activities: To carry on the business as importers, exporters, traders, buyer, sellers, suppliers, indenters, agents, sub agents, jobbers, brokers, repairers, cleaners or otherwise deal in all kinds and classes of component parts, replacement parts, spare parts, accessories, tools, implements, fittings inclusive of all types of axles, prop sellers, shafts and universal joints, ornamentation and decorative parts for motors, vehicles, trucks, tractors, motor-cycles, cycle cars, cycle, scooters, buses, omnibuses, of every description and vehicles and products of all descriptions whether propelled or used by means of patrol, spirit, steam, oil vapor, gas, coal, electricity, petroleum, atoms or any other mot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is just that the name of the company be restored to the register of companies. 4. It is further submitted that the Company has Commercial Property bearing Plot No. B-235, Sector 16, Noida which was allotted by New Okhla Industrial Development Authority (NOIDA) for the purpose of Auto Parts Shop Repair Workshop Motor Garage and the present market value of the land and Building is around Rs. 1,60,00,000/-. The Tribunal failed to appreciate that the Company is in operation at the time of struck off by ROC as the Company was paying electricity bill regularly. Electricity bill from July, 2017 to September, 2020 is enclosed to prove that the company was in operation. Further, the Tribunal in several instances allowed appeal to restoring t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... para 6 of the impugned order recorded that the company has immovable property, so averment of Respondent No. 1 is entirely false and meaningless. 7. On the other hand, the Ld. Counsel for the Respondent No. 1/Registrar of Companies in his Reply it is stated that as per the available records on MCA 21 Portal, the Appellant Company Choice Automobiles Private Limited was incorporated on 05.05.2000 under the provisions of Companies Act, 1956. Further, as per records, the last Directors of the Appellant Company were i) Sudesh Gupta, ii) Promila Mittal. The Appellant Company has filed its Financial Statements till financial year 31.03.2015, due to which the Respondent No. 1 had reasonable cause to believe that the Appellant Company was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uly, 2017 to September, 2020. Further, the Respondent No. 1/Registrar of Companies in his reply before the NCLT has stated that it has no objection if the name of the Company is restored on proving by the Company that it was carrying on business or was in operation and the Company be also directed to file financial statements up to date with appropriate filing and additional fees. Keeping in view of the above facts, 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, we are of the view that the order passed by the National Company Law Tribunal (New Delhi, Bench-II) as well as Registrar of Companies, NCT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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