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2020 (11) TMI 680

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..... store 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 deserve to be restored. Application restored - appeal allowed. - Appeal No. 410/252/ND/2019 - - - Dated:- 11-11-2020 - DR. DEEPTI MUKESH, HON BLE MEMBER (JUDICIAL) And MS. SUMITA PURKAYASTHA, HON BLE MEMBER (TECHNICAL) For the Appellant : Mr. Varun Jain, Adv. For the ROC : Ms. Mitika Raja For the IT Dept. : Mr. Ankit Jain Ms. Lakshmi Gurung ORDER PER DR. DEEPTI MUKESH, MEMBER ( JUDICIAL ) 1. The present appeal is filed byM/s R V Electroplast PrivateLimited(for brevity t .....

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..... unications, apparatus and equipment including those using electromagnetic waves intended for radio-telegraphic or radio-telephonic communication photocopiers, electronic lighting controls, continuous fan motor speed controls, continuous flashers and fire alarm systems, digital and electronic clock, time relays, punch card machine, electromechanical pneumatic controls, computers and automatic calculators, Xray machines and tubes, surgical medical and other appliances intended for electro and other therapy treatment and in all types of tapes, magnetic and otherwise, photographic films, projectors and camera s and capacitors, resistance, condensers, semi-conductors, transistors, rectifiers, integrated and hybrid circuits, relays, potentio mete .....

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..... ng in operation and functional during the period of striking off: (a) Copy of Lease Deed executed on 22.07.2015, of Industrial Plot No.- 21, Udyog Kendra-I, Ecotech- III, Area 1035 sqm., in the layout plan of Greater Noida Industrial Development Area, Distt- Gautam Budha Nagar between Greater Noida Industrial Development Authority and M/s R V Electroplast Private Limited. (b) Copies of Audited Financial Statements of the company for the period from F. Y. 2015-2016, 2017-18. The Balance Sheet as on 31.03.2018 reflects Assets in form of Tangible Assets of ₹ 6,554,981/-, Current Assets in form of Cash and cash equivalents of ₹ 82,500/-. (c) Copy of Certificate issued by Office of the Deputy Commissioner of Industries dated .....

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..... it could not be termed as a defunct company as per section 252 of the Act. Thus, taking into consideration the provisions of Section 252(1) of the Companies Act, 2013, which vests this Tribunal with a discretion where the Company, whose name has been struck off, and such Company is able to demonstrate that it is just 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 deserve to be restored. 12. Accordingly, this appeal is allowed. The Public Notice of Registrar of Companies, striking off the name of the company, is hereby declared illegal an .....

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