TMI Blog2020 (11) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... table. As per several decisions of various courts it should only be an exceptional circumstance that court should refuse restoration where the company has been struck off for its failure to file annual return as that would be excessive or inappropriate penalty for that oversight. The Respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the Company has not been struck off from the Registrar of Companies and take all consequential actions such as change of Company's status from 'Strike Off to 'Active' (for e-filing), restoration of status of DIN etc. - Application allowed. - Company Appeal No. 130/ALD/2020 - - - Dated:- 3-9-2020 - Rajesh Dayal Khare, J. (Member (J)) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ruck off the Appellant Company's name due to default in statutory compliances w.r.t. filing of Financial Statements and Annual Returns, thus giving the status of a Dormant Company u/s 455(1) of Companies Act, 2013. iv. Appellant also stated that due to lack of professional guidance and inadvertent reasons, the appellant company could not file the Annual Accounts and Returns with the ROC and due to non filing of Annual Returns and Balance Sheet the name of the Company has been stuck off by from the Register of Companies. 3. Upon notice being issued to the Respondent, ROC have filed their counter and stated that the name of the company was struck off after duly complying with the provisions of 248 of Companies Act, 2013 Read with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all file all the outstanding statutory documents i.e. the Financial statements and Annual returns up to date. 7. Heard the rival sides and perused the record. It is not in controversy that the Appellant Company incorporated on 22.02.2011 with main object of to carry on building maintaining, raising, acquiring, buying other educational centres and dealing in all types of instruments, appliances and to enter in arrangement and agreement with other companies firms agencies and to carry on business providing service in the area of educational and hostel facilities for the students, etc. and has not filed annual returns and balance sheet. The documents relied upon by the Appellant unmistakably demonstrate that the Appellant Company is a livin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... easures. Merely to disallow restoration on grounds of its failure to file annual returns would neither be just nor equitable. As per several decisions of various courts it should only be an exceptional circumstance that court should refuse restoration where the company has been struck off for its failure to file annual return as that would be excessive or inappropriate penalty for that oversight. 11. Accordingly, it is therefore the Registrar of Companies, the Respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the Company has not been struck off from the Registrar of Companies and take all consequential actions such as change of Company's status from 'Strike Off to 'Active& ..... X X X X Extracts X X X X X X X X Extracts X X X X
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