TMI Blog2021 (10) TMI 295X X X X Extracts X X X X X X X X Extracts X X X X ..... le to 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. Appeal allowed. - Appeal No. 493/252/ND/2020 - - - Dated:- 10-9-2021 - Dr. Deepti Mukesh, Member (J) And Sumita Purkayastha, Member (T) For the Appellant : Sweety Kumar, AROC For the Respondents : Puneet Rai, Sr. St. Counsel and Adeeba Mujahid, Jr. St. Counsel ORDER Dr. Deepti Mukesh, Member (J) 1. The present appeal is filed by Mr. Mahesh Yadav, director of M/s. Datoop Technology Private Limited (for brevity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vices and solutions, provide or take up Information technology related assignments on sub-contracting basis, offering services on-site/off site or through development centres using owned/hired or third party infrastructure and equipments, providing recruitment and HR related services, providing and taking personnel/consultants/human resources to/from other organizations, providing solutions/Packages/services through applications services provider mode via internet or otherwise to undertake IT enabled services like call Centre Management, Medical and legal transcription, data processing, Back office processing, Accounting, HR and payroll processing, Insurance claims processing, credit card processing, loans and letters of credit processing, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 operation and functional during the period of striking off: i. The Copies of Audited Financial Statements of the company for the period from F. Y. 2015 onwards. The Balance Sheet as on 31.03.2018 reflects Current Assets in form of Cash and Cash Equivalents of ₹ 1,27,676/-. ii. The Copy of Lease Deed Executed on 18.04.2017, for a period of three years commencing from 10.04.2017 between M/s. Nishi Rehan, W/o- Shri Lokesh Rehan, S/o- Shri Sain Dass Rehan, as lessor and the company M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing 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 defunct company as per Section 252 of the Act. Thus, taking into consideration the provisions of Section 252(1) of the Companies Act, 2013, which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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