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2021 (11) TMI 480 - NATIONAL COMPANY LAW TRIBUNAL , AHMEDABAD BENCHSeeking restoration of the name of the struck off company, in the Register of Companies maintained by ROC, Gujarat (Dadra & Nagar Haveli) - Section 252(3) of the Companies Act, 2013 - HELD THAT:- It appears that the land on which the company claims to be owner is not shown in the name of company as per the land record provided by the appellant and the appellant itself admitted that they have failed to file the Financial Statement for F.Y. 2009-10. It is also admitted that company was not in operation or carrying on business when the company was struck off by the ROC, Ahmedabad. However, there is a Special Civil Application is pending before the Hon'ble High Court of Gujarat wherein the appellant company is party to the said application. Hence, without restoration of the name of the company the pending matter cannot be pursued by the company. The apprehension shown by the Caveator that the restoration of the name of the company may lead to undue advantage by the company upon the Caveator is without any reason. Even after restoration of the name of the company, if any matter is pending before any forum that would be pursued as per the applicable provisions of law and the order of restoration will not be a hurdle in the pending litigation. The restoration of the name of the company may lead to smooth proceedings of pending litigations by the company, hence, it is just and reasonable to restore the name of the company. The Registrar of Companies, Gujarat (Dadra & Nagar Haveli) the respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the Company has not been struck off from the Register of Companies with resultant and consequential actions like changing status of Company from 'struck off to Active - Application allowed.
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