TMI Blog2020 (2) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... ational Company Law Tribunal, Allahabad Bench by which dismissed the appeal and affirmed the order passed by Respondent No.2 -Registrar of Companies, Uttarakhand & U.P. (in brief ROC) striking the name of the appellant company from the Register of Companies. 2. The appellant company was incorporated under the Companies Act, 1956 on 18.10.1995 with the ROC, having registered office at 3/124, Maanpara, Agra. ROC initiated the proceedings under Section 560 of the Companies Act 1956 as the appellant company has not filed the annual return and balance sheet since 2006 onwards. ROC has issued notice to the appellant company. The appellant company didn't reply to the notice. After complying due procedure, the name of the company was struck off fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the permission boundary wall and building was constructed over the land. But thereafter, Directors of company were in great difficulty as Mr. Vinod Kumar's wife suffered from brain tumor and Mr. Laxmi Narayan Maheshwari's son has to undergone three major surgeries for Globlastoma between the year 2004 to 2012 and lot of money was spent in their treatment. Therefore, the Directors could not devote much time to establish any business activity. The Directors had filed the annual returns and statements upto financial year 2004-2005. Thereafter, due to lack of professional guidance they cannot file the annual returns and financial statements. 6. It is also submitted that some portion of the aforesaid land was acquired by National Highway of Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d grains processing unit in the said land. Competent Authority vide order dated 21.01.1996 granted permission for construction over the land and pursuance to the permission boundary wall and building was constructed. We also found that some portion of the aforesaid land was acquired by the National Highway Authority of India vide order dated 17.01.2013 and for the same the appellant company had received approximately 30 lakhs from the Government which is deposited in the bank account of the Company. Present valuation of this remaining land of the company is Rs. 3,63,94,800/-. Thus, the appellant company is having assets as described above. 10. Undisputedly the appellant company has not filed the financial statements and returns since 2006 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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