9911796707
TMI Blog2021 (10) TMI 207X X X X Extracts X X X X X X X X Extracts X X X X ..... the Companies Act, 2013 (for brevity 'the Act') against the order of striking off the name of the company, passed by the Respondent under Section 248 (1) of the Act, issued vide bearing No. ROC/DELHI/248(1)/STK-7/6217 dated on 29.10.2019 by Registrar of Companies, the Respondent herein. 2. The Appellant states that, the Company was incorporated as a Private Limited Company with the Registrar of Companies, NCT of Delhi and Haryana under the Companies Act, 1956 on 26.03.2014 with CIN U15139 DL2014 PTC267015, having its registered office at 93/B-26, Gurunanakpura, Laxmi Nagar, Opposite Laxmi Nagar, Delhi, East Delhi-110092, within the jurisdiction of this Tribunal. 3. The Authorized Share Capital of the Company is Rs. 5,00,000/- divi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... truck off vide notice bearing No. ROC/DELHI/248(1)/STK-7/6217 dated on 29.10.2019 (Company's name appearing at Sl. No. 339) whereby name of 8114 companies have been struck off w.e.f. 29.10.2019 from the Registrar of Companies. 6. As per the ROC, Appellant had not filed its Annual Accounts and Returns for the Financial Years 2016-17 onwards, thereby 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 be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny is restored in the Register of Companies, subject to appellant filing all its pending statutory documents with the Registrar of Companies till date along with the requisite late filing fee as prescribed under the Companies Act, 2013. 9. The Income 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 rest ..... X X X X Extracts X X X X X X X X Extracts X X X X
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