TMI Blog2021 (5) TMI 614X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, striking off the name of the company, is hereby declared illegal and set aside - Appeal allowed. - Appeal No. 525/252/ND/2020 - - - Dated:- 11-5-2021 - Dr. Deepti Mukesh, Member (J) And Sumita Purkayastha, Member (T) For the Appellant : Mukund Rawat, Adv. For the Respondents : Mitika Raja, Vibhooti Malhotra, Shailendera Singh and Kriti Ranjan, Advs. ORDER Dr. Deepti Mukesh, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring No. ROC/DELHI/248(5)/STK-7/4865 dated on 08.08.2018(Company's name appearing at Sl. No. 13141) whereby name of 24280 companies have been struck off w.e.f. 08.08.2018 from the Registrar of Companies. 6. As per the ROC, Appellant had not filed its Financial Statements and Annual Returns for the Financial Years 2015 onwards there by giving rise to the surmise that the business of the company was not in operation. Consequently, the name of the company was struck off in terms of provisions of Section 248 of the Companies Act, 2013 read with Rule 7 and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. 7. The Appellant has brought forward the following documents about it being in ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax Department has not filed any reply. 10. The grounds contemplated under Section 252 of Companies Act, 2013, are that the company was carrying on business or was in operation at the time of striking off its name or where it appears just to the Adjudicating Authority that the name of the company is to be restored to the Register of Companies and the Section 252(1) further contemplates that one of the above 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. 11. The appellant has submitted sufficient evidence that it has been in operation during the period preceding strike off, therefore, it could not be termed as a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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