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TMI Blog2023 (8) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... 22 - - - Dated:- 31-7-2023 - [ Justice Anant Bijay Singh ] Member ( Judicial ) And [ Naresh Salecha ] Member ( Technical ) For the Appellant : Mr. Manoj Kumar Garg, Advocate For the Respondent : Ms. Mitika Raja, AROC JUDGMENT Justice Anant Bijay Singh; The present Appeal under Section 421 of the Companies Act, 2013, has been filed by the Appellants being aggrieved and dissatisfied by the order dated 26.07.2021 passed by the National Company Law Tribunal, New Delhi Bench (Court-II) in Appeal No. 51/252(ND)/2021 whereby and whereunder Appeal filed by the Appellants for restoration of the name of the Appellant Company in the register maintained by the Registrar of Companies, NCT of Delhi and Haryana (the ROC ), was dismissed by the Tribunal. 2. The facts giving rise to this Appeal are as follows: i) The Appellant Company was incorporated on 18.04.2011 under the provision of Companies Act, 1956 with the Registrar of Companies, NCT of Delhi and Haryana and its registered office is situated at New Delhi-110092. The Appellant No. 1 company is in the business of trading of Organic Food and other allied Products and other hospitality related service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appeal Paper Book. In view of the aforesaid figures, it is imperative to note that the Appellant company despite of having income from operations in the year 2017 and 2018 and incurred other expenses was being struck off by the RoC/Respondent upon vague, false allegations of being inactive and that too without any corroboration. Further, as per bank Account Statement for the Financial years 2017-18 as especially for the month of June, 2017 i.e. at the time of Striking off the name of the Appellant company by the RoC/Respondent which are annexed as Annexure-3 of the Appeal Paper Book. In view of the aforesaid transactions, it is pertinent to note that the Appellant Company was actively involved in business transactions at the time of Striking off the name of the Appellant Company by the RoC/Respondent vide its Circular dated 30.06.2017. vi) Moreover, the Respondent/RoC had to mandatorily comply with the aforesaid statutory provisions before striking off the name of the Appellant Company. The Registrar/Respondent published the list for the companies whose name were removed from the Register of Members vide its circular/letter dated 30.06.2017. The act of Registrar of Companies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ys that the Registrar, before passing an order under sub-section (5), shall satisfy himself that sufficient provision has been made for the realisation of all amount due to the company and for the payment or discharge of its liabilities and obligations by the company within a reasonable time and, if necessary, obtain necessary undertakings from the managing director, director or other persons in charge of the management of the company. 5. It is further submitted that the RoC/Respondent in complete violation of Section 248(6) of the Companies Act, 2013 published notice dated 30.06.2017 as per section 248(5) of the Companies Act, 2013. 6. It is further submitted that the Tribunal in complete disregard to the aforesaid statutory provisions wherein the Respondent/RoC was required to send a Notice to the Appellant and allow them to give their response in the stipulated time period, had vide order dated 26.07.2021 declined to interfere with the striking off action taken by the RoC/Respondent against the Appellant Company under Section 248(5) of the Act. The Respondent had no complied with Section 248(1)(e) of the Act in order to issue notice to the company and all the directors of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved as under: Sr No. Particulars Remarks 1. Revenue from Operations As per the profit Loss A/c submitted with the Petition: F.Y 2016-17 showing Revenue as Rs. 577334/- F.Y. 2017-18 showing Revenue as Rs. 6281205.54/- 2. Audited Financial Statement Submitted with the Petition for the financial years 2017-18 only. 3. Bank Statement Submitted with petition from 03/04/2017 to 24/01/2018 12. It is further stated that in view of foregoing facts and circumstances of the case, if this Tribunal consider the application for restoration of name of the company, this Tribunal may issue directions to the Appellants to file all the pending Annual Returns and Balance Sheets of the subject company with the Registrar of Companies within such time as specified by this Tribunal. Further, this Tribunal may please award cost in favour of the Respondent (Registrar of Companies) as the Appellants failed to file its statutory returns with the Resp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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