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2021 (12) TMI 1277 - NATIONAL COMPANY LAW TRIBUNAL , GUWAHATI BENCHSeeking restoration of name of the company in the Register of Companies - Section 252(1)/252(3) of the Companies Act, 2013 - HELD THAT:- As per the records the name of the company, M/S Akansha Tea Plantation and Trading Company Private Limited got struck off from the Register of Companies and dissolved 09.06.2017 (followed by a Gazette notification published in this respect), while the present appeal has been filed on 18.11.2020. Hence it is found to be filed within limitation. As per the records, the name of the company, M/S Akansha Tea Plantation and Trading Company Private Limited is the company that has filed its statutory return up to 2011-12 and thereafter it has not filed any return - The failure on the part of the company to file the annual returns and financial statement was unintentional and not deliberate. However due to such reasons the ROC, NER, Assam, Struck off the name of the Company. The Registrar of Companies, NER, Guwahati, the respondent herein, is directed to restore the original status of the petitioner company as if the name of the Company had not been struck off from the register of Companies with the resultant and consequential actions like changing status of petitioner company from ‘struck off’ to ‘Active’ - Application allowed.
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