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2017 (2) TMI 1346 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHISeeking restoration of the name of the petitioner company as struck off by the Registrar of Companies - proof of conducting busniss - Held that:- As seen from the documents available on record that the company was carrying on its business and was operative at the time of its name struck off from the register. The assumption of Registrar of Companies that the company was not in operation was clearly erroneous. Besides it is seen that the appeal has been filed within the stipulated period prescribed under Section 252 of the Act. Needless to say that Income Tax Department and ROC have raised no specific objection against the restoration of the Company subject to filing of statutory returns with fees as prescribed. Besides nobody would be prejudiced by the restoration of the name of the Company. Accordingly, this appeal is allowed. The notification published in the Official Gazette of India dated 08.07.2017 and the order dated 30.06.2017 in so far as the name of the appellant company shown as at entry No. 1967 bearing CIN No. U28998DL2002PTC114525 is hereby declared illegal and is set aside
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