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2021 (8) TMI 11 - NATIONAL COMPANY LAW TRIBUNAL , HYDERABAD BENCHSeeking restoration of name of the Company in the Register of Companies - Section 252 of the Companies Act, 2013 - HELD THAT:- The Applicant is the Shareholder of the Company. It is submitted by the Applicant that the Company is in operation and is carrying on its business. The failure of the Company in filing the statutory returns and statements was due to inadvertence. Report of the RoC has been received - Admittedly, the relevant documents which are to be filed, are ready with the Company and the Company is willing to file the same, if so permitted. By exercising the powers conferred on this Tribunal under Section 252 of the Companies Act, 2013, and Rule 87-A of NCLT (Amendment) rules 2017, R/w NCLT Rules, 2016 and basing on the assurance given by the Learned representative for Applicant that Company would be making good all pending statutory compliances on restoration of the Company, it is deemed fit case to order restoration of the Company by RoC (H) in the interest of the Company, its shareholders and the Creditors - By exercising the powers conferred on this Tribunal under Section 252 of the Companies Act, 2013, and Rule 87-A of NCLT (Amendment) rules 2017, R/w NCLT Rules, 2016 and basing on the assurance given by the Learned representative for Applicant that Company would be making good all pending statutory compliances on restoration of the Company, we feel it is a fit case to order restoration of the Company by RoC (H) in the interest of the Company, its shareholders and the Creditors. The name is restored - application allowed.
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