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2022 (12) TMI 896 - AT - Companies LawSeeking restoration of name of the company in the Register of Companies - it is alleged that the Company is not an active company and not carrying on any business for which it was incorporated - Section 252(3) of the Companies Act, 2013 - HELD THAT:- From the records, it is seen that the Appellant Company filed its statutory compliances as per law. Whilst the NCLT though in its order at para 3 observed that the Appellant Company enclosed/annexed with the Appeal the copies of the Annual Returns, Balance Sheet and Income Tax Returns for the Financial Years 2015-16, 2016-17 and 2017-18 and 2018-19. Despite sufficient evidence placed before it, the NCLT failed to consider the same on merits. Even though the law provides for striking off the name of the Company for non-complying the statutory requirement as stipulated under Section 248 Companies Act, 2013, the statute also provides Section 252 of the Act to prefer an Appeal to the Tribunal by the aggrieved person against such dissolution of the Company. The Appellant rightly exercised its jurisdiction under Section 252 of the Companies Act, 2013 before the NCLT. This Tribunal is of the opinion that the removal of the name of the company from the Register of Companies is not justified. There is no other ground except as mentioned in the notice dated 29.06.2018 for striking the name of the Appellant Company suo motu. The reasons for not restoring the company and dismissing the application of the Applicant is in our view not a sound ground - The ROC, West Bengal is hereby directed to restore the name of the Appellant Company to the Register of Companies, West Bengal subject to the compliances mentioned. Application allowed.
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