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2021 (1) TMI 868

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..... as engaged itself into any other illegal activities. It is considered just and proper to restore the name of the company in the Register of Companies, from date of its striking off subject to payment of cost for non-compliance of rules relating to filing the Statutory Returns and Audited Financial Statements. The name is ordered to be restored - application allowed. - (MP) Co.Appeal 60 of 2020 - - - Dated:- 19-1-2021 - MADAN B. GOSAVI, MEMBER (JUDICIAL) AND VIRENDRA KUMAR GUPTA, MEMBER (TECHNICAL) Learned Counsel Mr. Praveen N. Surange, appeared for the Appellant. None for the Respondent. ORDER This Application has filed under Section 252(3) of the Companies Act, 2013 for restoration of the name of the struck of .....

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..... is an active company and it has been carrying on the bona fide business. It was also contended that company was neither shell company nor it has done any unusual transaction or any unauthorized transaction in cash or in kind or in any other manner during the period of demonetization. Accordingly, appellant prayed for restoration of the name of the company in the Register maintained by the ROC (MP). 4. ROC, report is not in record. In spite of this, we decide the matter on the basis of material available on the records submission made by the counsel of the Appellant. 5. We have considered the submissions made by learned counsel and material available on record. It is noted that company has failed to file returns since 2010 which promp .....

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..... nce of rules relating to filing the Statutory Returns and Audited Financial Statements. Accordingly, we pass the order as under: ORDER (i) The Registrar of Companies, Gwalior, Madhya Pradesh the respondent herein, is ordered to restore the original status of the Applicant Company as if the name of the Company has not been struck off from the Register of Companies with resultant and consequential actions like changing status of Company from 'Struck off' to Active. (ii) The Applicant Company is directed to file all pending statutory document(s) including Annual Accounts and Annual returns for the financial years in default along with prescribed fees/ additional fee/ fine as decided by ROC within 45 days from the date on whi .....

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