TMI Blog2021 (2) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... ust and equitable to order restoration of the name of the Company in the register of RoC to enable the Appellant Company to carry on business as per its objects - the Appeal is allowed subject to payment of costs of ₹ 50,000/- to the Prime Minister's Relief Fund, the proof of which will be furnished by the Appellant to the Registry of this Tribunal within 07 days. The Registrar of this Tribunal shall maintain the information about such deposits in a separate E-register. - 939/252((ND)/2018 - - - Dated:- 27-1-2021 - SH. ABNI RANJAN KUMAR SINHA, MEMBER (J) AND SH. L.N. GUPTA, MEMBER (T) For Appellant Ms. Varsha Banerjee, Advocate For Respondent Mr. M. Yadhubhushana Rao, AROC ORDER This Appeal has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its Register vide STR-7 Notice No. ROC/DELHI/248(5)/STK-7/4865 dated 08.08.2018. The name of the Appellant Company was reflected at serial no. 18348 of the list of companies, whose names were stuck off due to default in Statutory compliances. 5. The Appellant has submitted that it had purchased the following assets for the purpose of developing them in collaboration with the other companies engaged in the similar business, which necessitate restoration of the Appellant Company. I. Copy of the Sale Deed registered on 22.05.2006 depicting Land admeasuring 8 Kanal situated at Village Kansapur, Tehsil Jagadri, Distt. Yamuna Nagar, Haryana in name of the Appellant Company. II. Copy of Sale Deed registered on 22.05.2006 depicting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ROC expressed no objection to restoration of the Appellant company. 8. That the provisions pertaining to restoration name of the Company are provided in the Section 252(3) of the Companies Act, 2013, which, inter alia, includes that if a company is carrying out its business or in operation or otherwise it is just that the name of the company be restored, this Tribunal can order the RoC to restore the name of the company in the Register of Companies. 9. That the main assets of the Appellant Company are the lands registered in its name for which it is seeking restoration in the register of ROC to further business as per its objects. Here, it is worthwhile to refer to the Judgement of Hon'ble High Court of Gauhati in the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to carry on business as per its objects. 11. In view of the above, the Appeal is allowed subject to payment of costs of ₹ 50,000 (Fifty Thousand) to the Prime Minister's Relief Fund, the proof of which will be furnished by the Appellant to the Registry of this Tribunal within 07 days. The Registrar of this Tribunal shall maintain the information about such deposits in a separate E-register. 12. The restoration of the Appellant Company's name in the Register will be subject to their filing of all outstanding documents for the defaulting years as required by law and completion of all formalities, including payment of any late fee or other charges which are leviable by the respondents for the late filing of statutor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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