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2020 (11) TMI 292 - Tri - Companies LawRestoration of name of the Company on the register maintained by the Registrar of the Companies - section 252 (3) of the Compaq Act, 2013 - HELD THAT:- It is admitted by the applicant that the company did not file its annual returns and financial statement for the year 2017-18 & 2018-19 - The applicant produced on record the audited annual financial statements for the year 2017-18 to 2018-19 to show that the company was carrying on business. On perusal of the documents placed on record, it is found that the Company was in the operation and have fixed assets & liabilities - Moreover, admittedly upon service of notice under section 248 (5) of the Companies Act, 2013, the applicant had filed representation pointing out that the company is going concern, but, annual return could not be filed due to inadvertence. In our considered opinion ROC, Gujrat, ought to have considered that observation. Be as that as it may from material on record, we find that the company carries the business, Hence, its name has to be restored in the register of companies maintained by ROC. The Registrar of Companies, Ahmedabad, the respondent herein, is ordered to restore the name of company in Register of Companies as if the name of the Company has not been struck off from such Register.
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