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2022 (2) TMI 835 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHSeeking restoration of the name of the company in the Register of Companies - Section 252(3) of the Companies Act 2013 - HELD THAT:- It is seen from the documents available on record that the company was carrying on its business and was operative at the time of its name struck off from the register. The assumption of Registrar of Companies that the company was not in operation was erroneous. Besides that it is seen that the appeal has been filed within the stipulated period prescribed under Section 252 of the Act. Needless to say, that Income Tax Department and ROC have raised no specific objection against the restoration of the Company subject to filing of statutory returns with fees as prescribed. Moreover, nobody would be prejudiced by the restoration of the name of the Company. The restoration of the running company despite its default is clearly in the interest of the company, although, there is a delay in filing the annual returns as well as financial statement before the RoC, however, the same can be compensated by way of requisite late filing fees - non- filings of the annual return as well as balance sheet before the RoC were only inadvertent in nature and not willful - the impugned order passed by the RoC, whereby the name of the present appellant was struck-off from the Registrar of the Companies is hereby set aside - appeal allowed.
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