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2019 (8) TMI 1460 - Tri - Companies LawRestoration of name of the company by the Registrar of Companies - allegation that appellant had not filed its balance sheet and annual return for the FY starting from 31/3/2013 - appellant, whether going concern or not? - HELD THAT:- We do not find any material to prove that the appellant company was a going concern or was doing business during the above said period. We are not at all convinced as to pass an order in favour of the appellant by restoring the name of the appellant. From the evidence available, we can have a legitimate inference that it is a sham company having deliberately not filed the Annual Return and financial statement from the date of incorporation because, the company was not in operation. Accordingly, there are no justifiable reason to allow this appeal as prayed for. Appeal dismissed.
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