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2019 (12) TMI 243 - Tri - Companies LawRevival of company and restoration of company's name in the Registrar of Companies - Seeking relief to make the bank account operational - HELD THAT:- The appellant preferred this appeal being a Liquidator of the deregistered company. Hence, he is competent for filing the same, to seek restoration of the company's name in the register of the ROC. By perusal of the material available on record it is evident that the main reason shown for striking off the name of the Company, i.e. M/S. J. R. Diamonds Pvt. Ltd. was that the deregistered company had failed in filing its statutory returns (e.g. Balance Sheets, Annual Returns) before the ROC. However, when the order impugned for striking off the name of the company was passed, the company was under the C.I.R.P. and thereafter gone into liquidation process by an order dated 01.10.2018 of the NCLT passed under Section 33 of the I.B. Code. Hence, the liquidator took over the charge of the assets of the Corporate-Debtor-Company (now under deregistration). Hence such impugned action cannot be treated a legally valid and just action on the part of ROC to strike off the name of the Company during Corporate Interim Resolution Process, which is reported to have pending litigation. The impugned order dated 06.08.2018 to strike off the name of the company, so far as it relates to the present company is set aside - the present Company Appeal deserves to be allowed and the name of the company, i.e. M/S. J. R. Diamonds Pvt. Ltd. to be restored in the statutory register of Companies being maintained by the Respondent, ROC, Gujarat for above mentioned limited purpose - the present appeal is conditionally allowed.
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