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2021 (11) TMI 558 - Tri - Companies LawSeeking restoration of name of appellant company in the name of register of member - section 252 of the Companies Act, 2013 read with NCLT Rules, 2016 - HELD THAT:- The Appellants are seeking restoration of the name of Company in the register as maintained by RoC relying on the ground that the Company as of date is in active business and has been preparing all its financial statements and in the circumstances, it is just that the name of the Company should be restored on the register of RoC as maintained by the Respondent No. 1. A perusal of the documents, reflects that the Company has business operations which necessitate restoration of its name in the Register of Companies. The assumption of RoC that the company was not in operation was merely on grounds of non-filing of the Statutory Returns by the appellant company. The Act itself provides for redressal of these defaults. A step as stringent as what has been taken at least requires an opportunity to the appellant to take remedial measures. Merely to disallow restoration on grounds of its failure to file financial statements would neither be just nor equitable. The appeal is allowed subject to payment of cost of ₹ 20,000/- (Rupees Twenty Thousands Only) to the ROC, with which the appellant is registered for incurring the expenses for the restoration of the Appellant. The restoration of the Appellant Company's name in the Register will be subject to their filing all outstanding documents for the defaulting years as required by law and completion of all formalities, including payment of any late fee or other charges which are leviable by the Respondent for the late filing of statutory returns - Appeal allowed.
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