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2021 (5) TMI 779 - Tri - Companies LawSeeking restoration of name of the company in the Register of members - Section 252 of the Companies Act, 2013 - HELD THAT:- The appellant has not submitted satisfactory evidence to prove that company was in operation during "strike off". But we are satisfied that "just" ground to consider revival of the company, as the company owns plot of agricultural land. Unless, the company is revived, the utilization of plot of agricultural land for fulfilling main objects of the company and to run the business cannot be possible. Thus, taking into consideration the provisions of Section 252(1) of the Companies Act, 2013, which vests this Tribunal with a discretion where the Company, whose name has been struck off, and such Company is able to demonstrate that it is just to do so, can restore the name of the Company, in the Register and in the interest of all stakeholders, including the Appellant itself, who seeks restoration of the name of the Company in the register maintained by Registrar of Companies, the company deserve to be restored. The Public Notice of Registrar of Companies, striking off the name of the company, is hereby declared illegal and set aside. The restoration of the company's name to the Register of Registrar of Companies is ordered - Appeal allowed.
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