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2020 (12) TMI 422 - NATIONAL COMPANY LAW TRIBUNAL , AHMEDABAD BENCHRestoration of name of Respondent in the Register of Companies maintained by the office of ROC - Section 252(3) of the Companies Act, 2013 - HELD THAT:- On perusal of the record, it is found that the appeal is filed under section 252(3) of the Companies Act, 2013. While, going through the section 252(3) of the Companies Act, it is found that the instant provision is made when the company is struck of voluntarily on the behest of the Promoter(s)/Director(s), whereas, section 252(1) of the Companies Act, provides that, when the company is struck of by the Registrar of Companies on the failure in filing of statutory returns by the Company. The instant application would not lie under section 252(3) of the Companies Act, 2013; rather, it would lie under section 252(1) of the Companies Act, 2013 - However, while referring to the judgment of Hon'ble Supreme Court in V. NANTHAGOPAL VERSUS UNION OF INDIA, THE REGIONAL DIRECTOR, THE REGISTRAR OF COMPANIES, P. SELVARAJ, MRS. S. MYTHILI, ACCURA WELDRODS INDIA PRIVATE LIMITED, ACCURA ELECTRODS INDIA PRIVATE LIMITED, [2010 (2) TMI 1283 - MADRAS HIGH COURT] wherein, the Hon'ble Supreme Court has observed that Hon'ble Supreme Court on several occasions held that quoting a wrong provision of law will not dis-entitle the party to the relief - Under such circumstances, the instant application is being treated under section 252(1) of the Companies Act, 2013. The present appeal is allowed to the extent of revival of the Company and the ROC Gujarat, Ahmedabad is hereby directed to restore the name of Company viz. M/s. Navyug Consultancy Pvt. Ltd. in the Registrar of Companies.
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