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TMI Blog2020 (10) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 252(3) of the Companies Act, 2013 (for brevity 'the Act') against the order of striking off of the name of the company passed by the respondent under section 248 (5) of the Act read with Rule 9 of Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 published on 29.10.2019 vide public notice no. ROC-DEL/248(1)/STK-7/6217 by Registrar of Companies, the respondent herein. 2. The appellant is a private limited company incorporated on 28.05.2010, under the name and style of VD Intellisys Technologies Private Limited under the provision of Companies Act, 1956 having CIN U72900DL2010PTC203285. The company is limited by shares and has its registered office at 126, Second Floor, Mall Road Kingsway Camp, New Delh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s on 31.03.2019 and 31.03.2018 being Rs. 3,55,40,831/- and Rs. 2,07,06,152/- respectively. iii. Depreciation and amortization expenses in the financial years as on 31.03.2019 and 31.03.2018 being Rs. 10,75,491/- and Rs. 6,03,111/- respectively. iv. Administrative and other Expenses in the financial years as on 31.03.2019 and 31.03.2018 being Rs. 2,79,89,474/- and Rs. 2,50,63,555/- respectively. b) The copy of Bank Statement of the current Account transaction of ICICI bank for the period of 01.04.2017 to 01.01.2019and 01.01.2019 to 31.10.2019, which reflects various transactions done by the company. c) The appellant company has filed its income tax returns for the financial years 2016-17,2017-18 and 2018-19. 6. The public notice wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the register of companies maintained by Registrar of Companies, for non-filing of statutory documents by company for the relevant period, through publication of notice, the appellants have preferred to prove with documents and records that the company was in operation and doing business during the period of striking off of the name of the company as a better remedy. 10. It is further submitted by the Appellant that if the name of company is restored the company shall be able to continue the work and shall file all outstanding statutory documents and returns i.e. financial statement and annual returns along with filing fee. Also, it is manifestly established the Appellant Company is defunct or non-operational or dormant company within the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to do so, can restore the name of the Company in the Register and in the interest of all stakeholders, including the Appellant itself, who seeks restoration of the name of the Company in the register maintained by Registrar of Companies, the company deserved to be restored. 15. Accordingly, this appeal is allowed. The Public Notice of Registrar of Companies striking off the name of the company is set aside. The restoration of the company's name to the Register of Registrar of Companies is ordered subject to its filing of all outstanding documents with proper filing fees along with additional fees required under law and completion of all formalities, including payment of any late fee or any other charges which are leviable by the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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