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2020 (8) TMI 649 - AT - Companies LawAppeal against restoration of the name of the company in the Register of Companies - Section 248 of Companies Act, 2013 - It is contended that the Appellants being the suspended Directors are helpless and the restoration of Company had been sought with malafide intentions. - HELD THAT:- In the instant case though name of the Company has been struck off from the Register of Companies due to statutory non-compliances i.e. nonfiling of Annual Returns and Financial Statements, the Tribunal, on appeal, directed restoration of name of Company in the Register of Companies after observing that litigation was pending since long against the Company, its Directors and Shareholders whose continuity will be affected by striking off the name of the Company. Pendency of such litigation was treated by the Tribunal as a just ground for ordering restoration. Though the Registrar of Companies has shown ignorance as regards any business being carried on by the Company, three suspended Directors of the Company (Appellants herein) appear to have opposed appeal preferred by Respondents No. 2 and 3 herein (Appellants before the Tribunal) and resisted their move to seek restoration of the Company. In the wake of litigations involving the Company and its management a just ground existed justifying restoration of the struck off Company to the Register of Companies. The impugned order does not suffer from any legal infirmity in so far as exercise of power under Section 252(3) of the Act by the Tribunal acting as Appellate Authority against the order of ROC is concerned. The pendency of litigations, at whatever stage, warranted restoration of name of Company to the Register of Companies, so as to safeguard the interests of Company and the stakeholders. Appeal dismissed.
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