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2021 (5) TMI 681 - Tri - Companies LawSeeking restoration of the name of Respondent in the Register of the Companies maintained by the ROC - Section 252(3) of the Companies Act, 2013 - HELD THAT:- Order IX Rule 13 is also not attracted in any manner, in as much as no sufficient cause for non-appearance was shown. That apart, even if there is 'sufficient cause', in that event there cannot be a fresh memo of appeal, so filed by the Appellant. The very arguments so advance by the learned lawyer of the Appellant is not maintainable in any manner under facts and law. That apart, it is a matter of record that one Gopal Polymer and Impex Limited along with 2 ors. have filed a case before the Hon'ble VIII Additional District Judge Indore 67A of 2015, which corroborate the objection so made by the objector - on perusal of the sale deed so relied by the Appellant executed on 17.02.1976 in favour of M/s. Bhandari Crosfields Limited, Manglia Gram, Indore, a Company incorporated under the Indian Companies Act, having its registered office at Manglia Gram, Indore. It prima facie reflects that the sale deed was executed in favour of the company out of the proceeds receipt by the Company from its shareholders or other stakeholders, and not in favour of any individual/director/shareholder. The instant appeal is bad in the eye of law and is hereby rejected with a cost of ₹ 10,000 for suppression of material facts to be deposited in the Army Welfare Fund.
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