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2019 (12) TMI 1597 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHISeeking restoration of name of company in the Register of Companies - it is alleged that appellant company had failed to file financial statements and annual returns since 2011-12 - Section 248 of Companies Act, 2013 and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 - HELD THAT:- Undisputedly the appellant company has not filed financial statements and returns since 2011-12 onwards. ROC has served the STK-1 notice on 11.3.2017 on appellant company. Thereafter STK-5 notice dated 27.4.2017 was served and when he has not received any response then as per STK-7 Company Appeal (AT) No. 203 of 2019 notice dated 11.7.2017 the name of the appellant company was struck off from the register of companies - Except the failure to file the financial statements and returns there is no complaint against the appellant company. Appellant has placed on record the report and financial statements from 2011-12 before the NCLT as well as before this Tribunal. On going through the reports and statements, it cannot be said that the appellant company is not carrying on any business since 2011-12. The appellant company is having assets and liabilities. In such circumstances, the order passed by the NCLT is not sustainable in law. Appeal allowed.
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