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2023 (2) TMI 328 - AT - Companies LawSeeking restoration of the name of the Company in the Register maintained by the Registrar of Companies (RoC), NCT of Delhi and Haryana - Respondent did not send notices/Form STK 1 to the Company and its all of directors as contemplated under Section 248(1) of the Companies Act, 2013 - failure to consider that the Appellant has already annexed the property papers which are the only assets of the company - HELD THAT:- Going through the pleadings made on behalf of the parties and in view of the fact that the Audited Financial Balance Sheets of the Year 2015-16, 2016-17, 2017-18, 2018-19 & 2019-20 of the Appellant / Company shows that the Appellant/Company is having substantial movable as well as immovable assets. Therefore, it cannot be said that the Appellant/Company is not carrying on any business or operations. Hence, the order passed by the National Company Law Tribunal (New Delhi, Bench-V) as well as Registrar of Companies, NCT Delhi & Haryana is not sustainable in law. The impugned order is set aside - The name of the Appellant/Company be restored to the Register of Companies subject to the compliances fulfilled. Appeal allowed.
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