TMI Blog2018 (11) TMI 1406X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellant in its support. - Company Appeal (AT) No. 228 of 2018 - - - Dated:- 20-9-2018 - Mr S.J. Mukhopadhaya, Chairperson And Mr Bansi Lal Bhat, Member (Judicial) For The Appellant : Mr. Govind Manoharan and Mr. Anandh K., Advocates ORDER This appeal has been preferred by Mr. R. Manavazhagan, Director and shareholder of Educare Network Consultant Private Limited against the order dated 4th April, 2018 passed by the National Company law Tribunal, Chennai Bench, Chennai whereby and whereunder the application preferred by the appellant under Section 252(3) of the Companies Act, 2013 has been rejected with the following observations : Counsel for Applicant present. Counsel for RoC present and he has file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 252(3) of the Companies Act, 2013 and the company is still functioning and carrying on the business. Even the Registrar of Companies has not objected restoration of the company in its affidavit before the Tribunal filed on 27th February, 2018. This fact has also not been taken care of by the Tribunal while passing the impugned order. 3. In spite of the notice, the Registrar of Companies, Puducherry has not appeared and the aforesaid facts having not been disputed. 4. We have heard learned counsel for the appellant and perused the record. It is not in dispute that the Registrar of Companies has power to remove the name of a company from the Register of the Companies for the reasons mentioned in Section 248 of the Companies Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enclosed with the application. ( 3) Nothing in sub-section (2) shall apply to a company registered under section 8. ( 4) A notice issued under sub-section (1) or sub-section (2) shall be published in the prescribed manner and also in the Official Gazette for the information of the general public. ( 5) At the expiry of the time mentioned in the notice, the Registrar may, unless cause to the contrary is shown by the company, strike off its name from the register of companies, and shall publish notice thereof in the Official Gazette, and on the publication in the Official Gazette of this notice, the company shall stand dissolved. ( 6) The Registrar, before passing an order under sub-section (5), shall satisfy himse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore removal the name of the company from Register of Companies the Registrar of the Companies was required to issue notice to the company and all the Directors of the Company, its intention to remove the name of the company from the Register of Companies and to request them to send the representative along with the copies of the relevant documents within thirty days from the date of notice. 6. According to the appellant, notice was given by the Registrar of Companies and in its reply it was informed that the company was functioning. Though all these facts were brought to the notice of the Tribunal, it has not discussed the same while passing the impugned order. 7. On hearing the learned counsel for the appellant and on perusal of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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