2023 (9) TMI 361 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI

Striking off of the name of the company by the Respondent No. 1 from the Register of Companies - Section 248 of the Companies Act, 2013 - HELD THAT:- The Appellant Company is having property/land and due to change of circumstances the Appellant Company has failed to file its Financial Statements and Annual Returns - considering that the Appellant Company is having substantial movable as well as immovable assets, 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-II) as well as Registrar of Companies, NCT of Delhi & Haryana is not sustainable in law.

The name of the Appellant Company be restored to the Register of Companies subject to the compliances imposed - appeal allowed.