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2017 (9) TMI 1388 - Tri - Companies LawRestoration of name of company - reason for striking off the name of the petitioner company is non-filing of Balance Sheet and Annual Returns since 1999 which resulted in the belief that the petitioner was not carrying out any business - Held that:- The petitioner has not been able to show that on 31.05.2007 when it was struck off it was in fact carrying on business or it was in operation. On its own showing the petitioner filed his last annual returns in the year 2003 thus we find that section 252(3) would not come to the rescue of the petitioner. It is also patent from the record that the petitioner has not approached the Tribunal with clean hands in as much as it has been unfairly claimed that the annual returns was filed up to the year ending 2003. Otherwise on the basis of the record the ROC has pointed out that the last returns was filed in the year 1998. On that account also the petitioner would lose the right of obtaining any relief nay even the right of hearing. Moreover the so-called resolution attached with the petition (annexure P-2) is surrounded with doubts as the address of Shri Kamlesh Bajaj is entirely different than the one available in the record of the ROC. It would further fortify the view that the company has no business transaction. As a sequel to the above discussion this petition fails and the same is dismissed with cost of ₹ 10,000/- (Rs. Ten Thousand Only). The cost has to be borne by Shri Kamlesh Bajaj and same be deposited with ROC, NCT of Delhi and Haryana
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