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2022 (11) TMI 1284 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHISeeking restoration of name of the company - name was struck off due to non filing to returns - Section 252(3) of the Companies Act, 2013 - HELD THAT:- It is true that under Section 253(3), twenty years period has been given for approaching for restoration of company to ROC but at the same time provisions contained in Section 248 of the Companies Act, 2013 cannot be termed as redundant. If this Tribunal is satisfied on the basis of the material available on record that struck off company during the relevant period was in operation though not generating any revenue, it may approach for restoration of company on the roll of ROC. In the present appeal we have noticed from the material on record that to some extent the company in question was in operation during the relevant period. It is not in dispute that Learned NCLT has rightly recorded that the company was not generating funds, but only on account of non-generation of fund, the prayer of a struck off company for its restoration under Section 252(3) of the Act may not be rejected if a company is in a position to satisfy that the company was in operation. Appeal allowed.
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