9911796707
TMI Blog2021 (9) TMI 273X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019 under the provisions of Section 248 of the Companies Act, 2013. Learned counsel for the Appellant represents that the Company was incorporated under the provisions of Companies Act, 2013 and has its registered office at Plot No. G-10, Block G, First Floor, Mohan Garden, Uttam Nagar, New Delhi-110059. 2. The Appellants are Members and Directors of the Company which is engaged primarily in the business of Manufacturing, designing, fabricating, refining, treating, processing, buying, selling, importing, exporting and otherwise dealing in all kinds of mosaic tiles, ceramic wares, porcelain earthen wares, stone wares, sanitary wares insulators, fire bricks, fire clay and other minerals and other products similar to and required for the afo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant is seeking restoration of its name in the register as maintained by RoC, relying on the ground that the Appellant as of date is in active business and has been preparing all its financial statements and in the circumstances, it is just that the name of the Company should be restored on the register of RoC as maintained by the Respondent. In order to sustain the said plea, the Appellant has placed before us the following documents: i. True Copies of Financial Statements and Balance Sheet for the Financial Years 2015-16 to 2019-20 with details of cash and cash equivalent of Rs. 73,135/- as on 31.03.2020 and has total expenses for an amount of Rs. 3,47,031/- as on 31.03.2020. ii. True Copies of Income Tax returns for the Financi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for that oversight. 9. Accordingly, the appeal is allowed subject to payment of costs of Rs. 20,000/- to the Registrar of Companies. The restoration of the Appellant Company's name in the Register will be subject to their filing 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 Respondent for the late filing of statutory returns. The name of the Appellant Company shall then stand restored in the Register of the RoC, as if the name of the company had not been struck off. 10. The direction for freezing the bank account(s) of the Appellant Company, if on this ground, shall consequently be also set aside imm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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