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2019 (2) TMI 317 - AT - Companies LawRestoration of the name of the Applicant in the Register of Companies maintained by Registrar of Companies, NCT of Delhi & Haryana - Held that:- We have thus tried to call for the records from concerned Government Office’ but could not get the documents regarding compliance under Section 560(1) (2) & (3) of the Old Act. We did not let ourselves to be detained for the purpose as we find that if the documents had been available, it would have been possible for us to see if the Appellants could be said to be negligent. When the same are not available and the consideration under Section 560(6) of the Old Act is relevant for us, basically three parameters remain to be considered if the restoration of name of the Company is to be done. It is clear from the above sub-section 6 of Section 560 that the Company or Member or Creditor, who feels aggrieved, needs to satisfy the Tribunal by showing that: I. The Company was at the time of striking off carrying on business, or, II. the Company at the time of striking off was in operation; or, III. Otherwise, that it is just that the company be restored to the Register. The Appellants want that the pleadings in the petition filed in NCLT with regard to the claims being made that the Company was in operation when it was struck off and that there exist just reasons to restore the name of the Company. We do not have the benefit of observations of the learned NCLT with regard to various documents which have now been filed in appeal as they were not before learned NCLT when the impugned order was passed. It would be appropriate that the matter is remitted back to the learned NCLT for re-hearing. Appeal is allowed - The impugned judgment and order is quashed and set aside. The original Petition is restored to file of National Company Law Tribunal, Delhi - The matter is remitted back to the learned NCLT for re-hearing.
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