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TMI Blog2021 (9) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 04.06.2020 passed by National Company Law Tribunal, Indore Bench, at Ahmedabad (the 'Tribunal') in (M.P) Co. Appeal No. 03/252(3)/NCLT/AHM/2019, whereby dismissed the Appellant's Appeal. 2. Brief facts of this case are that the M/s Rahul Steel Forging Pvt. Ltd. was originally incorporated on 10.01.1969 as a Pvt. Ltd. Company and Registered with Registrar of Companies, Gwalior (MP) vide CIN: U27101MP196PTC00146 under the provisions of Companies Act, 1956. The Registered Office of the Company is situated at 19, Mukti Marg, Dewas, Madhya Pradesh. The main object of the Company was to carry on the business as manufactures and dealers in all kinds of forging, castings and forged components, ferrous and nonferrous or otherwise. Also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/-. Therefore, the Appellant has filed an Application under Section 252(3) of the Act before the Tribunal to restore the name of the Respondent no. 2 company for taking steps to recover the dues Rs. 6,45,000/-. 5. The Respondent No. 1 (ROC) filed affidavit before the Tribunal and justified its action by contending that the company has not filed Financial Statements and annual returns with Registrar of Companies, Gwalior since 31.03.1999 which are mandatory requirement under Section 159, 92 and 137 of the Act, because of such lapses on the part of the Company, its name got struck off. 6. The Tribunal considering the material on record held that there is no reliable evidence that the Appellant is a Creditor of the Respondent No. 2 Company. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal stated the facts and requested to decide the Appeal on merit subject to filing of Balance Sheets since 31.03.1999 onwards with additional fees as per the Act. 12. The Respondent No. 2 Company's Director filed Reply before this Appellate Tribunal and submitted that the Respondent No. 2 Company and its directors are ready and willing to comply all the provisions of the Income Tax Act and Company Law and also ready to comply the conditions imposed by the Tribunal for revival of the Company. Ld. Counsel for the Respondent No. 2 submitted that Mr. Giriraj Singh Choudhary was the Chairman and Managing Director of the Company. He suffered a serious set-back to his health during the period from 2000 and has been undergoing treatment for over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 30.04.2008, the Appellant was required to satisfy that on date the Respondent No. 2 Company was carrying on business or in operation. The RoC in his response stated that the Respondent No. 2 Company has not filed annual returns, balance sheet and profit loss account since 31.03.1999, the Respondent No. 2 in Para 6 of the reply submitted before this Tribunal admitted that Mr. Giriraj Singh Choudhary, Managing Director suffered a serious set-back to his health during the period from 2000 and has undergoing treatment for over 20 years. Thus, it is admitted that from the year 2000 onwards the Respondent No. 2 Company not in business or in operation. The Respondent No. 2 has not placed on record any document in support that the Company was c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have not filed any appeal against the order of Registrar of the Companies. As the Company has not filed the Appeal within a period of three years from the date of order of the Registrar of the Companies which was lapsed in April, 2011. Therefore, it can be safely presumed that at the instance of the Respondent No. 2 Company the Appellant has filed the Appeal before Tribunal for taking advantage of 20 years' limitation from the publication in official gazette as per section 252(3) of the Act. Thus, Ld. Tribunal has also rejected the Appeal on the ground of malafide intention. 19. With the aforesaid, we are of the view that the impugned order does not require any interference by this Appellate Tribunal. There is no merits in this Appeal. Thu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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