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2021 (5) TMI 777 - Tri - Companies LawSeeking restoration of the name of the Appellant Company in the register maintained by the Registrar of Companies - Section 252 of the Companies Act, 2013 - HELD THAT:- This Bench observes that the name of the Company was struck off on 29.10.2019, when the litigation of Oppression and Mismanagement was pending against the Appellant Company before this Tribunal. Hence, the reasons for not filing the Financial Statements seems plausible. The RoC was not justified in striking off the name of the Appellant Company from its register during the pendency of litigation pertaining to the Appellant Company - The provisions pertaining to restoration of the name of the Company are provided in the Section 252(3) of the Companies Act, 2013, which, inter alia, includes that if a company is carrying out its business or in operation or otherwise it is just that the name of the company be restored, this Tribunal can order the RoC to restore the name of the company in the Register of Companies. The Appellant Company has been able to satisfy this Bench that it is just and equitable to restore the name of the Appellant Company in the register maintained by RoC - the name is restored - appeal allowed.
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