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2020 (12) TMI 1135 - NATIONAL COMPANY LAW TRIBUNAL , BENGALURU BENCHRestoration of name of the Petitioner Company on the Register of Companies maintained by the Registrar of Companies - section 252 of the Companies Act, 2013 - HELD THAT:- Though, the impugned order striking off the Company was in accordance with law, the Tribunal has to take into consideration the bonafide contentions of Petitioner seeking to restore the name of Company, by taking a lenient view of the issue in the interest of justice and ease of doing business, instead of rigidly interpreting the law on the issue. It is also not in dispute that the instant Company Petition is filed in accordance with law; there are no investigations pending against the Company; the Respondent has not opposed the Petition and has left the issue to the Tribunal to consider the case subject to certain terms and conditions. It has been submitted that the Company is a going concern and it had a turnover of ₹ 47,61,996/- for the YE 31.03.2011. Striking of its name would affect the Petitioner as well as its shareholders and suffer hardship and irreparable loss. No prejudice would be caused to any party if the Company's name is restored, as prayed. The Members of the Company have undertaken that post restoration of the name of the Company in the Register of the Registrar of Companies, Bangalore, the Company will complete the Annual filings due for the past years and carry on the business in its ordinary course. The interest of justice would be met if the name of Company is restored as prayed for - application allowed.
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