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TMI Blog2023 (9) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... the order dated 18.11.2019 passed by the National Company Law Tribunal, Mumbai Bench, Mumbai in C.P. 1982/252(1)/2019 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, Mumbai (the 'ROC'), was dismissed by the Tribunal holding that the petitioner (Appellant herein) failed to provide necessary information and proper financial statement. 2. The facts giving rise to this Appeal are as follows : i) The Appellants are the Original Petitioners before the NCLT, Bench at Mumbai who have filed Company Petition No. 1982 of 2019 under Section 252 of the Companies Act, 2013 read with Rule 87A of the NCLT (Amendment) Rules, 2017. ii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... residues & substances, and to do all incidental acts and things necessary for the attainment of the objects. (c) To search, survey, discover and find out and the acquire by concession, grant, purchase, lease, license, degrees & tenders the allotment or otherwise of land or water area from government, semi-government, local authorities, private bodies, corporations and other persons, such rights, power, and privileges whatever for obtaining mines, open cast mines, bucket mines, quarries, deposits for the accomplishment of the above objects. iii) On 27.09.2012, Petitioner Company submitted Application No.209 for Prospective Licence for Decorative Stone in the Bolangir District and after verifying the necessary documents and other relev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epartment of Steel and Mines, Odisha, Bhubaneswar. vii) On 21.03.2018, after the acceptance of appropriate Application along with necessary documents, the Mining Officer has accepted the said Application and issued receipt in favour of the Petitioner Company. Thereafter, after compliance of all the necessary and required formalities, Director of Geology has sent Petrographic Study Report to the Petitioner Company for further proceedings. On 04.07.2018, after the receipt of the said Mining Application, Mining Officer, Balangir Circle considered the relevant documents and sent the same to the Tahsildar, Mumbai for further proceedings. viii) On 19.07.2018, pursuant to the provisions of Section 248(4) of the Companies Act and Rule 7 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng proposal arising out of Mining Licence, the Appellant Company was left with no alternative but to file Company Petition No. 1982 of 2019 before the NCLT, Mumbai Bench under Section 252 of the Companies Act, 2013 and prayed for restoration of the Appellant Company in the Register of Companies. On 26.06.2019, after issuance of notice, the Respondent/RoC was directed to file Reply within 15 days. On 22.10.2019, the NCLT adjourned the said matter till next date i.e. 18.11.2019. Till the said date, the Respondent had not filed any reply to the said Petition. On 18.11.2019, without considering the necessary documents submitted before the RoC, ongoing process of Mining Licence and no reply filed by Respondent, the NCLT was pleased to dismiss th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 248 of the Companies Act, 2013. 5. It is further submitted that Page Nos.91 to 96 of the Appeal shows that the Appellant-Company submitted application for grant of mining lease, study report, correspondence letters etc. with the Government Authorities. Further, the Appellant-Company also submitted Audit Reports from 2017 to 2019 with ROC. Thus, the business of the Appellant-Company was on the verge of starting prior to the striking off notice dated 12.09.2018, and the business came to be stand still due to the striking off of the company. Based on above submissions, the impugned order is fit to be set aside and the instant Appeal be allowed. 6. On the other hand, the Respondent / Registrar of Companies during the course of argument ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blished on the website of the Ministry vide STK 7. Aggrieved by the said action of the Respondent No. 1, the appellant approached the NCLT, Mumbai Bench for restoration of the Company under Section 252 of the Companies Act. The Respondent No. 1, filed its reply before the NCLT on 16.09.2019, objecting/opposing the petition. The NCLT after hearing the matter, rightly dismissed the said Company petition vide the impugned order dated 18.11.2019. 8. After hearing the parties and going through the pleadings made on behalf of the parties, we are of the considered view that the company was making efforts to start mining activity and that its mining licence was under consideration of the Government, which should have been considered by the NCLT. H ..... X X X X Extracts X X X X X X X X Extracts X X X X
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