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TMI Blog2023 (8) TMI 1613X X X X Extracts X X X X X X X X Extracts X X X X ..... been preferred under Section 421 of the Companies Act, 2013 against an order dated 18.11.2022 passed by Learned National Company Law Tribunal, Court IV, Mumbai Bench in CP No.263/(MB)/2021 (hereinafter referred to as NCLT). By the said impugned order, learned NCLT while allowing the appeal, which was filed under Section 252(1) of the Companies Act, 2013 on behalf of the appellant, directed the ROC Mumbai to restore the name of the company i.e. Vbuiltfine Properties Pvt Ltd, to the register of Registrar of Companies with imposition of cost of Rs. 5,00,000/- (Rupees Five lakhs only). Learned counsel for the appellant submits that exemplary cost has been imposed which requires to be set aside. Learned counsel for the Respondent, Mr. Durga D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 due to defaults in statutory compliances, namely, failure to file Financial Statements and Annual Returns and failure to do business for more than two years. 5. The Petitioner Company submits that the Company has been functioning since its incorporation. As submitted by the Ld. Authorized Representative appearing for the Petitioner company, the Company did not file the Annual Returns and Balance Sheet of the company with the RoC from 2011-12 to 2021-22 onwards due to inadvertence. Even while considering the defaults as submitted by the Counsel, there is a default of Six (06) years till striking off the Company. Taking into consideration further delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ittal, under section 252 of the Companies Act, 2013, seeking restoration of the Company's name in the Register of Companies maintained by the Registrar of Companies, Maharashtra, Mumbai is allowed on the following terms:- (a) The Respondent Registrar of Companies, Maharashtra, Mumbai, is directed to restore the name of the Petitioner Company, viz. Vbuiltfine Properties Private Limited, to the Register of Companies subject to payment of a sum of Rs.5,00,000/- (Rupees Five Lakhs only) as cost to be paid online through Bharatkosh in favour of "Pay and Accounts Officer, Ministry of Corporate Affairs, Mumbai" within thirty days from the date of receipt of a copy of this Order; and (b) Upon such restoration, the Petitioner Company shall fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny person aggrieved by an order of the Registrar, notifying a company as dissolved under section 248, may file an appeal to the Tribunal within a period of three years from the date of the order of the Registrar and if the Tribunal is of the opinion that the removal of the name of the company from the register of companies is not justified in view of the absence of any of the grounds on which the order was passed by the Registrar, it may order restoration of the name of the company in the register of companies: Provided that before passing any order under this section, the Tribunal shall give a reasonable opportunity of making representations and of being heard to the Registrar, the company and all the persons concerned: Provided furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies. On examination of aforesaid provision it is evident that from the date of striking off the name of the company from the register of Registrar of Companies, one can prefer an appeal within a period of three years from the date of striking off the name of the company. In the order impugned date of striking off under Section 248(5) of Companies Act, 2013 has not been mentioned. On examination of the impugned order it is evident that though date of striking off was not mentioned, the appeal was preferred afte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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