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2020 (1) TMI 279 - AT - Companies LawRestoration of name of respondent on the register of companies maintained by the office of the ROC - allegation that the appellant has failed to prove that he is a creditor of the company - Section 421 of the Companies Act, 2013 - HELD THAT:- The Respondent No.3 and 4 has given an affidavit and indemnity in the year 2005, while applying for striking off the name of the company, that the Respondent No.2 company has no assets and liabilities and also undertook to pay any liability arising later on - We cannot say that it is outstanding as on 2005 or it has been paid to somebody who was not entitled to it because there are no records since 1998. Since the company has no assets and the company has not filed any return from 1998 onwards, therefore, it would be futile to restore the name of the company. Appeal disposed off.
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