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2020 (12) TMI 158

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..... hat one of the three conditions are required to be satisfied before exercising jurisdiction to restore the company to its original name on the register of the Registrar of Companies. 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 Appeal 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. The Public Notice of Registrar of Companies, stri .....

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..... ssued, subscribed and paid up share capital of the Appeal No. 186/252/ND/2020 (Sarita Vishwakarma) Page | 4 Company is ₹ 1,00,000/- divided into 10,000/- equity shares of ₹ 10/- each, as per the Master Data Annexed. 4. The main objects of the company are: a) To carry on the business of managerial resourcing i.e. providing executive search, recruitment and consultancy services specially for the corporate and industrial sector in India and overseas and to recruit and train, to act as personnel consultants, placement consultants, industrial consultants, immigration and migration consultants, travel consultants, labour relations and labour laws consultants and to take or give personnel or hire or contract or on commission or f .....

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..... the Inventories of ₹ 1,00,250/-, the Revenue from Operations of ₹ 97,44,690.50. The Revenue from Operations of ₹ 38,64,744/- as on 31.03.2018 is also reflected. ii. The copies of Bank Statements of the Company in HDFC Bank for the period 01.04.2019 to 07.12.2019 showing various transaction details of the company and reflecting closing credit balance of ₹ 7,53,165.23 as on 29.10.2019. iii. The copies of Income Tax Returns for the Assessment Years 2017-18, 2018-19 and 2019- 20. The tax paid by the company in A.Y. 2018- 19 is NIL. iv. The Copies of GST Returns from April 2017 to October 2019 preceding the date of the strike off. 8. ROC has filed its reply and stating that they have no objection if the name .....

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..... 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 and 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 respondent for the late filing of statutory returns, and also su .....

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