2021 (9) TMI 436 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCH - Corporate Laws

Head Note / Extract:
Seeking restoration of the name of the Appellant Company in the register maintained by the Registrar of Companies - Section 252 of the Companies Act, 2013 - HELD THAT:- During the course of hearing, appellant was directed to produce the audited balance sheet to show that appellant had revenue from operation during the last two preceding financial years from the date of striking off the name of the company but it is seen that the appellant has failed to produce any such document. The prayer of the appellant is considered and it is observed that the specific averments have been made by the RoC in its reply stating the dates, when the notices were sent upon the appellant company and its directors but appellant company and its directors failed to submit any reply - there are no force in the contention raised by the Ld. Counsel for appellant that no notice was sent/served upon the appellant company before the date, when the name of company was struck off by the RoC. The appellant has failed to produce the audited balance sheet to show the company had revenue from operation for the immediate two preceding financial years when the name of the company was struck off by the RoC. Therefore, the appellant company has failed to produce any document to show that the appellant company had revenue from operation or carrying on business at the time when the name of the company was struck off by the Registrar of Companies. The action taken by the RoC under Section 248(5) of the Companies Act, 2016 need not be interfered - appeal dismissed.