2022 (11) TMI 649 - AT - Corporate Laws
Seeking restoration of name of the company in the Register of Companies - non-filing of the return/ statement of account before the RoC - Section 252 (3) of the Companies Act, 2013 - HELD THAT:- In the Companies Act, 1956 the power for striking off the company was primarily incorporated in Section 560 of the Act - In the present case it is noticed that under Section 560 (1), 560 (2) and 560 (3) notices were issued due to non-filing of the return/ statement of account before the RoC. It has not been disputed that from the Appellant side any steps were taken to cure the defect enabling the Registrar to pass an order for withdrawal of the notice. On the contrary after waiting for long time finally on 28.11.2011 exercising power under sub Section (5) of Section 560 of the Companies Act, 1956 the Appellant/Companies name was struck off and the Company was directed to be dissolved.
On going through the order dated 13.11.2014 it is difficult to decipher as to whether the Appellant in terms of provision contained in Section 252 (3) of the Companies Act, 2013 had given any indication that at the time of striking off the Company i.e. as on 28.11.2011 the Appellant/Company was carrying on any business or was in operation nor there was any otherwise situation to justify the restoration of name of the Company. It is true that this Tribunal is taking lenient view in Appeals filed against the refusal of restoration of the Company but if such leniency is adopted in each and every Appeals certainly the provision contained under Section 248 of the Companies Act, 2013 may be termed as redundant.
In the present case considering the fact that dispute which is being raised before this Appellate Tribunal has finally been set at rest by Hon’ble Supreme Court there is no reason to pass a different order than to dismiss this Appeal - appeal dismissed.