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2022 (4) TMI 1004 - AT - Companies LawSeeking restoration of name of company in the Register of Companies - Section 252 (3) of the Companies Act, 2013 - HELD THAT:- Taking note of the fact that the Appellant / Company although, prepared the Financial Statements and got the same audited, but could not file the same for the Financial Year beginning from 2006-2007 till 2019-2020 (vide paragraph 7.3 of the instant Comp App (AT) No. 51 of 2022), keeping in mind yet another prime fact that the Appellant / Company had admitted its Bonafide mistake on its part, in non-filing of Balance Sheet and Annual Return and added further that the company is ready and willing to furnish all relevant documents for the defaulted financial year(s) before the Respondent/ROC, West Bengal with `Delay Fees’ that are applicable and in the teeth of settled legal position that the `right to seek restoration’ of the name of the `company’ (to be entered in the `Register of Companies’) is not wiped out, as long as `twenty years’ have not lapsed, etc., is of the considered view that on the basis of facts and circumstances of the entire conspectus of the present case, that it is just and proper to restore the Appellant / Company’s name and that the failure / negligence / omissions on the part of the `Appellant’/`Company’ in not filing the `Statutory Annual Returns’ and `Financial Statements’ in time, can be saddled with a levy of costs, to prevent an aberration of justice and to promote substantial cause of justice. The name is ordered to be restored - application allowed.
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