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2021 (3) TMI 514 - Tri - Companies LawSeeking restoration of name of the company in the Register maintained by the Registrar of Companies, Mumbai (RoC) - Section 252 (1) of the Companies Act, 1956 - HELD THAT:- On perusing the report of the Registrar of Companies, Maharashtra, Mumbai and the documents filed, it is clear that the Company has failed to file its statutory returns for the Financial year 2016-2017 till 2018-2019 (for 3 years) contrary to the provisions of the Companies Act, 2013 and the Company is not carrying on business or operation as defined u/s 248 (1)(c) of the Companies Act 2013. Further, at the time of hearing the Bench had posed query to the Petitioner to show any proof whether the Company has any existing Business but the Appellant was unable to show any proof of existing or prospective business in the Company and also the Company had no turnover for past five years. This Bench is of the view that the Company is not carrying on any business or operations and there is no infirmity in the order of the Respondent for striking off the name of the Company from the Register of Companies maintained by it. Hence this appeal is liable to be rejected. The name cannot be restored - application dismissed.
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