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2022 (1) TMI 67 - NATIONAL COMPANY LAW TRIBUNAL NEW DELHI BENCH, (COURT-II)Seeking restoration of the name of the Company in the register maintained by the Registrar of Companies, NCT of Delhi and Haryana (RoC) - Section 252(3) of the Companies Act, 2013 - HELD THAT:- The Appellant Company has placed on record the Audited Balance sheets for the financial years 2015-16, 2016-17 & 2017-18 which depict ‘NIL’ revenue from operations. This clearly demonstrates that the Company was not in operation or carrying out its business at the time of striking off. Further, the appellants have enclosed particulars of some agricultural land, which they intend to purchase for development work. However, the Appellant Company has neither produced or placed any Sale Deed(s) on record to depict ownership over any property nor any other document to indicate real estate development in furtherance of its objectives - the Appellant Company is not holding any Fixed Asset, which could justify its case. The appellant company has placed on record an Income Tax Acknowledgement Receipt for the financial year 2020-21 only, which relates to the period after the date of striking off the Company’s name in the register of ROC. Therefore, no reliance can be placed on such a receipt to demonstrate that the Appellant Company was either in operation or carrying out its business at the time of its name was struck off from the register of RoC. This Bench is of the view that the Appellant Company has failed to bring anything concrete on record, which could demonstrate that the Appellant Company was either in active operation or carrying out its business during the immediately preceding two financial years from the date of striking off or it is otherwise just and fair to restore the name of the Appellant Company in the register of RoC - Appeal dismissed.
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