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2022 (12) TMI 726 - AT - Companies LawRestoration of the name of the Company in the Register maintained by the Registrar of Companies (the RoC) - Section 252 of the Companies Act, 2013 - HELD THAT:- The Appellant Company is in litigation therefore, the Company has not filed the financial statements and also without giving opportunity of hearing, the Respondent No. 1/Registrar of Companies struck off the name of the Appellant Company's from the Register maintained by him, but in view of the fact and also the Bank Statements of the Appellant Company from 2015 -2018 shows that the Appellant Company is having substantial movable as well as immovable assets. Therefore, it cannot be said that the Appellant Company is not carrying on any business or operations. Hence, the order passed by the National Company Law Tribunal (Court-V, New Delhi) as well as Registrar of Companies, NCT Delhi & Haryana is not sustainable in law. Appellant shall pay costs of Rs. 50,000/- to the Registrar of Companies, NCT Delhi & Haryana within 08 (Eight) weeks from passing of this Judgment - after restoration of the Company's name in the Register maintained by the RoC, the Company shall file all their Annual Returns and Balances Sheets. The Company shall also pay requisite charges/fee as well as late fee/charges as applicable within 08 (Eight) weeks thereafter. Appeal allowed.
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