TMI Blog2019 (6) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... to be not an active company and not carrying on the business for which it was incorporated, the appeal is liable to be dismissed. - C. P. (Appeal) No. 371 /KB/ 2018. - - - Dated:- 29-4-2019 - JINAN K. R. Judicial Member Atul Kumar Labh , Practising Company Secretary, for the applicant. C. M. Karlmarx , DROC for the Registrar of Companies, West Bengal. ORDER This is an appeal filed on behalf of VSP Business Solutions India P. Ltd., by one of its members, Mr. Sabyasachi Mishra, under section 252(3) of the Companies Act, 2013 for restoration of the name of the company in the Register of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esent application may be allowed since business operation is carried on by the company. (d) The appellant submits that the directors of the company are also directors in other companies, which are also affected as the other companies where the directors of this company are associated, cannot function in the present scenario. The appellant further submits that the DIN of the directors be activated and that unless the name of the appellant-company is restored on the register maintained by the Registrar of Companies, the company as well as the shareholders, and creditors of the company will be greatly prejudiced and so prays for passing an order to restore the name of the appellant-company in the Register of Companies, West Bengal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Names of Companies from Register of Companies) Rules, 2016 for the removal of name of the company from the register of the companies as there was reasonable cause to believe that the company was not functioning or in operation for the period of last two (2) immediate preceding financial years and has not made any application within such period for obtaining the status of a dormant company under section 455 of the Companies Act, 2013. Further, it is submitted that as per provision of section 248(5) of the Companies Act, 2013, after the expiry of the prescribed time period and as no response has been received from the company and the public, a notice (in STK No. 7) dated June 30, 2017 was issued by the Registrar of Companies, West Bengal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany and hence, the present appeal has been filed. The respondent, Registrar of Companies, West Bengal, also submitted that the appellant did not apply for obtaining status of dormant company under section 455 of the Companies Act, 2013. Accordingly, for want of production of proof that the company was in operation, the respondent presumed that the company was not doing any business and hence struck off the name of the company. So, I find no irregularity or illegality in the order passed by the Registrar of Companies, West Bengal. 7. This is an appeal filed under section 252(3) of the Companies Act, 2013. One among the grounds to be satisfied by the appellant is that it was doing business or was in operation on the date of st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. 2015-16 23,823 23,823 - (26,270) 4. 2016-17 430 430 - (26,268) 8. From the aforesaid table, it can be seen that the company is not earning any revenue from operations, and has been running in losses. The only expenses over the years have been under the head Other expenses . Spending office expenses for the purpose of administration of an office does not indicate that the company was a going concern on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A) which are pending execution because of the strike off status of the company. It is significant to note that the company with which the transaction is being entered is a company in which the abovementioned member-director of the appellant-company is also a director. That being so and the company not doing any business as on the date of striking off therefore, possibility of the appellant-company functioning for purposes other than the objects for which it was incorporated cannot be ruled out from the peculiar nature and circumstances brought out in the case in hand. 10. The hon'ble National Company Law Tribunal, New Delhi Bench in Appeal No. 116/252/ND/2018 in order dated April 23, 2018 Kanodia Knits P. Ltd. v. Registr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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