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2021 (9) TMI 443 - AT - Companies LawSeeking restoration of name of company on the register of members - Section 252 (3) of Companies Act - malafide intent present or not - HELD THAT:- It is admitted that from the year 2000 onwards the Respondent No. 2 Company not in business or in operation. The Respondent No. 2 has not placed on record any document in support that the Company was carrying on business or in operation when it was struck off on 30.04.2008. Whether the Tribunal has rightly rejected the Appeal on the ground of malafide intention? - HELD THAT:- Admittedly, the directors have not filed any appeal against the order of Registrar of the Companies. As the Company has not filed the Appeal within a period of three years from the date of order of the Registrar of the Companies which was lapsed in April, 2011 - it can be safely presumed that at the instance of the Respondent No. 2 Company the Appellant has filed the Appeal before Tribunal for taking advantage of 20 years’ limitation from the publication in official gazette as per section 252(3) of the Act - Ld. Tribunal has also rejected the Appeal on the ground of malafide intention. Appeal dismissed.
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