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2020 (10) TMI 178 - AT - Companies LawRestoration of name of company in the Register of Companies - no return of income has been filed - issuance of SCN - HELD THAT:- In the Impugned Order it is not mentioned that before passing the Impugned Order, Learned Tribunal has served the notice on the Company or its Directors. Rule, 37 of the National Company Law Tribunal Rules, 2016 also provides that the Tribunal shall issue notice to the Respondent to show cause against the Application or Petition on the date of hearing to be specified in the notice. Such notice shall be accompanied by a copy of the Application with supporting documents. The Tribunal has not issued such notice to the Appellant - In such a situation, without giving any opportunity of hearing Learned Tribunal has passed the Impugned Order. Thus, the Impugned order hereby set aside and the matter is remitted back to the Tribunal with the direction that after hearing the parties decided the Appeal under Section 252 of the Act, as per law without influence by its earlier Order - Appeal allowed by way of remand.
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