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2022 (6) TMI 58 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHSeeking restoration of the name of the Company in the Register maintained by the Registrar of Companies - section 252 of Companies Act - HELD THAT:- It is established on record that the company was carrying on the business and was operative at the time of the name struck off from the register of companies. Besides that, it is seen that the captioned appeal has been filed within the stipulated period prescribed under Section 252 of the Companies Act, 2013. Needless to say, that RoC, NCT of Delhi and Haryana have raised no specific objection against the restoration of name of the appellant-company subject to filing of statutory returns with the fees as prescribed. Moreover, nobody would be prejudiced by the restoration of the name of the appellant-company and the restoration of the name of the appellant company in the register is clearly in the interest of the Appellant Company. The lapses on the part of the management in non-filing of the annual returns and financial statements time can be countered by imposing cost. In order to achieve the most satisfactory and fairest solution, the restoration of the name of the appellant-company in the register of the RoC is in the interest of the appellant-company and its stakeholders. Although there is a delay in filing the annual returns as well as financial statements before RoC, however, the same can be compensated by way of requisite late filing fees. The filings of the balance sheet before the RoC were only inadvertent in nature and not willful. Accordingly, the impugned order dated 08.08.2018 passed by the RoC, NCT of Delhi and Haryana where by the name of the present appellant-company i.e., M/s. Genesis Industrial Solution Private Limited was struck-off from the register of Registrar of Companies is hereby set aside, subject to the cost of Rs. 1,00,000/- payable to the Prime Minister Care Fund and it is ordered that the appellant-company name stands restored to its original position, as if it had not been struck-off. Appeal allowed.
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