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2021 (1) TMI 814 - Tri - Companies LawRestoration of the name of the company in the Register of the ROC - name has been struck off on the ground of failure in filing Financial Statements & Annual Return - section 252(3) of the Companies Act, 2013 - HELD THAT:- On perusal of the record, it is found that the appeal is filed under section 252(3) of the Companies Act, 2013. While, going through the section 252(3) of the Companies Act, it is found that the instant provision is made when the company is struck of voluntarily on the behest of the Promoter(s)/Director(s), whereas, section 252(1) of the Companies Act, provides that, when the company is struck of by the Registrar of Companies on the failure in filing of statutory returns by the Company. Hence, instant application would not lie under section 252(3) of the Companies Act, 2013; rather, it would lie under section 252(1) of the Companies Act, 2013 - When the Company is struck off for non-compliance of the statutory requirement, in that event, the application ought to be filed under section 252(1) of the Companies Act, 2013, however, the Appellant filed this application under section 252(3) of the Companies Act, 2013, which is applicable when the Company is struck off on the request of the Company by filing an application under section 248(2) of the Act. Time Limitation - HELD THAT:- It is pertinent to mention herein that the Hon'ble Supreme Court has extended the period of limitation, who's limitation is getting expired in the lockdown period. The said order of the Hon'ble Supreme Court passed on 23.03.2020 in Suo Motu Writ Petition (Civil) No. 3/2020 [2020 (5) TMI 418 - SC ORDER]. The order passed by the Hon'ble Supreme Court, the instant Appeal is conditionally allowed i.e. to dispose off the available assets and to discharge the unsettled obligations of the Company and after that the Appellant will get the name of the Company "Struck off" from the register of companies maintained by the ROC - the instant Appeal is partially allowed and the Registrar of Companies, Ahmedabad, Gujarat is directed to restore the name of the Company in the Register of Companies upon Appellant's complying with the conditions imposed - application allowed in part.
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