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2019 (8) TMI 879 - Tri - Companies LawRestoration of Company in the Register of Companies maintained by the Registrar of Companies, West Bengal - Section 252 (3) of the Companies Act, 2013 - HELD THAT:- The Company has got unsecured long term and short term loans which have been invested in the real estate properties and shares since beginning and the same status, more or less, has continued till 31st March, 2018 - The company has also provided us the copy of bank statement as Annexure A-7 and Copies of Income Tax Return marked as Annexure 6. The above facts lead us to a conclusion that the Company made investment in properties in the initial period itself which is continuing. It is also pertinent to mention that investment in such properties is of a significant value and in case the Company is struck off, it may cause irreparable loss and disposal of such properties may be legally difficult - we do not find any merit in the contention of the appellant that they came to know the status of the Company being struck off only when statements were being submitted online as ROC has clearly mentioned that the Company and Directors were made aware of the action being taken by ROC under Section 248 of the Companies Act, 2013. The ROC, Kolkata is directed to restore the original status of the Applicant Company namely M/s. Jindal Nirman Private Limited as if the name of the company had not been struck off from the Register of Companies with resultant and consequential actions like changing status from 'STRUCK OFF' to 'ACTIVE; activating DIN No. of the Director, applicant, etc. - appeal disposed off.
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