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2020 (9) TMI 472 - Tri - Companies LawRestoration of the name of the Company in the Register of Companies - Section 252(1) of the Companies Act, 2013 - HELD THAT:- The petition is filed under Section 252(1) of the Act, however, it can be seen that it actually satisfied the provisions of Section 252(3) of the Act and it would be appropriate to consider and decide the present petition under Section 252(3) of the Act. The present petition is filed by the shareholder-cum-promoters of the Company and is within the period of 20 years from publication in the Official Gazette of notice under Section 248(5) of the Act - The present petition has been filed by the petitioners, who are aggrieved by the order of ROC and is within 20 years’ time period after the publication of official notification, striking off the name of company from the Register of Companies. The company was also engaged in the business transactions as seen from the bank statement and has fixed deposits in its name (Annexure 9) at the time when its name was struck off from the Register of Companies and therefore, the name of the company deserves to be restored in the Register of Companies, maintained by the ROC - thus, the ingredients provided for in Section 252(3) of the Act, are satisfied. The petition is allowed and the name of the company be restored in the Register of Companies, subject to deposit of ₹ 20,000/- as costs with the Pay and Accounts Officer, Ministry of Corporate Affairs within a period of three weeks from the receipt of certified copy of this order.
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