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2021 (1) TMI 1021 - Tri - Companies LawRestoration of name of Company in the Register of Companies - Section 252 (3) of the Companies Act, 2013 - HELD THAT:- Section 252 (3) of the Companies Act, 2013 confers on this Tribunal powers to order to restore the name of the Company in the Register maintained, provided such application is filed by (i) the Company or (ii) by any Member or (iii) any creditor or (iv) any workmen of the Company within 20 years from the date of publication of the notices under Section 248 (5) in Official Gazette about striking off of the name of such Company provided further that it is seen from the material on record that at the time of its name being struck off, the Company was doing its business or carrying its operation. In this case, the applicant produced on record the copy of Audited Annual Accounts for the year ended on March 31, 2015 to March 31, 2018. Perusal of the documents available on record Prima facie, suggest that the Company was not carrying out its business during the relevant time when its name was stuck off. It has not generated any revenues from its operations since the financial year ended on March 31, 2014. Available details do not suggest that during the said period it had anybody in its employment. It has not furnished its PAN or GST details or copy of any filed copy of Income Tax Returns. Annual Accounts do not suggest any business transaction. It has not provided any bank account details of the Company - the details mentioned, indicate that during the relevant time when the Company was Struck Off, it had not been a going concern and was not having any business operations. The same has also been admitted in the Application. Appeal dismissed.
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