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TMI Blog2024 (10) TMI 296X X X X Extracts X X X X X X X X Extracts X X X X ..... nts till 2013 and has an asset of Rs. 3 Crores, as on 20.04.2008 viz. 30,000 Convertible Preference Shares of Rs. 1000/- each as on 20.04.2008 and that the Appellant company would not be able to recover such amount from M/s Victoria Enterprises Limited in case the name of the Appellant company is not restored. The medical history of one of the Directors of the company showing the reason for not filing of the returns and for nil also gone through. operation of the company during the period from 2014 till 2019. Thus no prejudice shall be caused to anyone if the name of the company is restored. The impugned order dated 14.10.2019 passed by the Ld. NCLT in CP No. 1437/2019 is thus set aside and the name of the said company M/s Aster Venture Pvt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as per the provisions of Companies Act, 2013 and the default occurred due to severe health condition of one of its two directors. 5. It is submitted they could not file the Financial Statements since the year 2014 as one of the Directors namely Mrs. Seema Narendar Poddar was suffering from acute kidney issues. The another director was her husband. As a proof of submissions, the Learned Counsel for the Appellant has taken us to documents annexed, especially at page 123 of the Appeal paper book which is a medical slip of the year 2019 issued to Mrs. Seema Narendar Poddar showing Renal Disease since 2013. It is submitted she was suffering from such renal disease since the year 2013 and her husband, viz. the second Director, took care of her he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also gone through the decisions of the coordinate Benches in the case of GRS Properties Private Limited Vs. Office of Registrar of Companies, NCT of Delhi Haryana, in Comp. App. (AT) No. 165 of 2021, Manacles Transformers Pvt. Ltd. Anr.Vs. Registrar of Companies, Delhi, in Com. App. (AT) No. 175 of 2022, D.D. Finance and Holdings Private Ltd. Vs. Registrar of Companies, NCT of Delhi Haryana, in Com. App. (AT) No. 112 of 2022 and Krishana Kumar Aggarwal Vs. The Registrar of Companies, in Com. App. (AT) No. 03 of 2022. The relevant portion of judgment in Com. App. (AT) No. 175 of 2022 is as under: 10. ..In DD Finance and Holdings Private Limited Vs. RoC in Company Appeal (AT) No. 112 of 2022 decided on 05.03.2024 by this Tribunal it was held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udited Financial Balance Sheets of the Year 2015-16, 2016-17, 2017-18, 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, we are of the view that 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. 11. The relevant portion of the Judgement of this Tribunal dated 06.12.2019, in the matter of Calcutta Rubber Factory Pvt. Ltd. Ors. Vs. Registrar of Companies, Delhi and Haryana , 2019 SCC OnLine NCLAT 851, is given below for ready reference: 11. The com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is restored to the Register of Companies maintained by RoC subject to following compliances:- i. Appellant/Company shall pay costs of Rs. 2,00,000/- (Rupees Two Lakh) to the Registrar of Companies, NCT Delhi Haryana within eight (8) weeks from the passing of this Judgment. ii. After restoration of the Company's name in the Register maintained by the RoC, the Company shall file all their Annual Returns and Balances Sheets. The Company shall also pay requisite charges/fee as well as late fee/charges as applicable. iii. In spite of present orders, RoC will be free to take any other steps punitive or otherwise under the Act for nonfiling/ late filing of statutory returns/documents against the Company and Directors. 10. In the present case, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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