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2021 (6) TMI 89 - NATIONAL COMPANY LAW TRIBUNAL , CHENNAI BENCHSeeking to restore the name of the company in the Register maintained by the Respondent - Section 252(3) of the Companies Act, 2013 - HELD THAT:- It is evident from the plea of the Applicant that the Applicant Company seeking for restoration of its name in the register as maintained by RoC on the ground that the Applicant Company was doing business for which it was incorporated and it is in operation and in the circumstances, it is just that the name of the Company should be restored on the Register of Companies as maintained by the Respondent. It is evident that the Applicant Company was struck off on 09.08.2018 and for the two years immediately preceding 09.08.2018, it is incumbent upon the Applicant to show that the Applicant Company was active and running business. A perusal of the Income Tax Acknowledgment and also the Bank Accounts of the Company manifest the fact that the Company was active and carrying on its business activities, however has failed to file the Annual Returns and Financial Statements with the Respondent since incorporation. Under the circumstances, this Tribunal feels that it is 'just' that the name of the Company is required to be restored back in the Register maintained by the Respondent - The Applicant Company has filed sufficient documents in order to demonstrate that the Company is active and carrying on the business and substantiated that it is 'just' that the name of the Applicant Company is required to be restored. Thus, this Tribunal is of the view that the name of the Applicant Company is required to be restored in the Register maintained by the Respondent RoC. Taking into consideration the provisions of Section 252 of the Companies Act, 2013 which vests this Tribunal with a discretion where the Company whose name has been struck off and such Company is able to demonstrate that there is a running business as on the date when the name was struck off and also keeping in consideration that it is just to do so can restore the name of the Company in the register and in the interest of all the stakeholders including members of the Company, its employees as well as the revenue and the Applicant itself who seeks restoration of the name of the Company in the register being maintained by RoC. The Application is allowed.
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