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2020 (12) TMI 1134 - NATIONAL COMPANY LAW TRIBUNAL , AHMEDABAD BENCHSeeking restoration of the name of the struck off company in the Register of Companies maintained by the ROC - Section 252(3) of the Companies Act, 2013 - HELD THAT:- It is noted that company has failed to file returns from 2010-11 to 2015-16 which prompted ROC, Gwalior, Madhya Pradesh to strike off the name of such company from its Register of Companies. Although, Financial Statements do not enable us to conclusive hold that the company is having operations/trading activities. From the perusal of the Financial Statements however, it could be said some activities exist. Further, the representative of the Applicant has categorically stated that intend to increase the volume of operations in future - Considering this, it is just and proper to restore the name of the company in the Register of Companies maintained by ROC, from the date of its striking off subject to payment of suitable cost for noncompliance of filing requirements without any reasonable explanation. The Registrar of Companies, Gwalior, Madhya Pradesh the respondent herein, is ordered to restore the original status of the Applicant Company as if the name of the Company has not been struck off from the Register of Companies with resultant and consequential actions like changing status of Company from 'struck off to Active - Application allowed.
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