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2019 (9) TMI 1530 - Tri - Companies LawSeeking restoration of the name of the Company in the Register of Companies maintained by the Respondent, Registrar of Companies - Section 252(3) of the Companies Act, 2013 - HELD THAT:- The Company was carrying on business and was in operation on the date of striking off of its name from the Register. However, the reason of admitted default in statutory filing for the F.Y. 2012, 2013 and 2014 that it were not made because of the Company had hired one employee, who was made responsible for dealing in compliance matters of the Company, however, he did not disclose this fact to the Company and after two-three years he resigned and left the service, he did not reveal this fact to the directors of the Company is not tenable. Though it has been submitted by the Respondent that it had issued notice under section 248 of the Act, however, it has not produced a copy of the notice claimed to be issued, proof of delivery of the notice, tracking report or any such document to support its contention. It is thus not established that the Respondent had complied with the statutory requirement under the said Act, before striking off the name of the Company. Where it is clear that the Company was in operation at the time of striking off and it continues to be in operation, even though the reason given for not filing the Annual Return and Balance Sheet for the said Financial Years, and due to lack of proof and strong opposition from the side of Respondent, the Application deserves to be allowed - Application allowed.
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