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2020 (11) TMI 294 - Tri - Companies LawRestoration of the name of the struck off company - Section 252(3) of the Companies Act, 2013 - HELD THAT:- The company has failed to file returns for three Financial Years which prompted ROC, (Dadra & Nagar Haveli) Gujarat to strike off the name of such company from its Register of Companies. No plausible explanation has been given for such failure. Although, it has been claimed that notice u/s 248(1) was not served but it is noted that notice in Form STK-5 containing name of this company was published. The Company is no doubt having business operations and has got capital liabilities as well as assets in its balance sheet. Company has already substantial revenue of ₹ 33.64 Crores and ₹ 14.58 Crores in the year 31.03.2018 and 31.03.2017 respectively. The revenue is increased in yearly basis. Thus, the name of the company needs to be restored in the Register of Companies maintained by ROC, (Dadra & Nagar Haveli), Gujarat from the date of its striking off - However, for non-compliance of provisions of Companies Act, 2013 relating to filing of statutory returns without plausible explanation, even after having substantial operations, suitable cost needs to be imposed. Application allowed.
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