Seeking restoration of name of the company on ROC - failure to ...

March 29, 2024

Case Laws     Companies Law     AT

Seeking restoration of name of the company on ROC - failure to file the Financial Statement and Annual Returns since incorporation - Section 252 of Companies Act, 2013 - The Appellate Tribunal noted that while the appellant had filed financial statements until 2015-16, there was a gap in filings for the subsequent years. However, the appellant had produced independent auditor reports for the missing years, demonstrating substantial assets and indicating a bonafide intention to comply. - Considering the appellant's substantial assets, the Tribunal found it just and equitable to restore the company's name to the Register of Companies. They emphasized that the appellant was not a shell company or engaged in fund siphoning, and the restoration would not prejudice the Registrar of Companies.

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