9911796707
TMI Blog2022 (1) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... nts') has preferred the present Appeal, through Mr. Parminder Singh, being the Director of the appellant company, under the provisions of Section 252(3) of the Companies Act, 2013 for restoration of the name of the Company in the register maintained by the Registrar of Companies, NCT of Delhi and Haryana (RoC). Mr. Parminder Singh, Director is duly authorized vide Board Resolution dated 06.06.2017 of the Appellant Company. 2. As per the averments, M/s. Taru Projects Private Limited is incorporated on 03.05.2011 with CIN U70101DL2011PTC218512 having its registered office at 79A, 3RF Floor, Block J& K Laxmi Nagar,Delhi-110092, which comes within the jurisdiction of this Tribunal. 3. That as per the Memorandum of Association annexed, the App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. To develop the land for farm houses by providing roads & other facilities such as water supply and sale the same and to erect and construct farm houses buildings or work civil and construction of every description on any land of the company or upon any other such lands or immovable property and to pull down, rebuild, enlarge, alter and improve such lands into roads, highways, streets, squares, gardens and such other convenience related thereto and deal with and improve the immovable property of the company or any other immovable property of all types. To undertake or direct the design development, construction, supervision and/or the management of the property, buildings, lands and estates (of any tenure or kind of any person and wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds. 6. That the respondent No.1, RoC has filed its reply and submitted the following: "6. That the Respondent most respectfully submits that the action of striking off of the present Company was legal and justified and was the result of the operation of the law, as the company was not carrying on any operations for a period of two immediately preceding financial years (as indicated by non-filing of the financial statements of the Company for two or more years). 7. As per the information provided by the petitioner, it is observed as under: 7. That the Income Tax Department vide their report dated 10.08.2021 and email dated 09.08.2021 attached therein have stated that - "In this regard it is submitted that, as per the ITD/TBA data bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strate that the Appellant Company was either in operation or carrying out its business at the time of its name was struck off from the register of RoC. 10. In the circumstances, we consider it worthwhile to refer to the Judgment of Hon'ble NCLAT in the matter of Alliance Commodities Private Limited Vs. Office of Registrar of Companies, West Bengal, Company Appeal (AT) No. 20 of 2019 : "9. Section 252 (3) of the Companies Act, 2013 empowers the Tribunal to order restoration of a Company whose name has been struck off from the Register of Companies, if such company, any member or creditor or workman thereof feeling aggrieved by such striking off applies before the Tribunal seeking restoration of the struck off company to the Register of Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, evading tax or indulging in unlawful business or not abiding by the statutory compliances cannot be allowed to invoke this expression "or otherwise" which would be a travesty of justice besides defeating the very object of the Company...." 11. In sequel to the above, this Bench is of the view that the Appellant Company has failed to bring anything concrete on record, which could demonstrate that the Appellant Company was either in active operation or carrying out its business during the immediately preceding two financial years from the date of striking off or it is otherwise just and fair to restore the name of the Appellant Company in the register of RoC. 12. Therefore, we are not inclined to interfere with the striking off action ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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