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2022 (6) TMI 58

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..... ppellant-company subject to filing of statutory returns with the fees as prescribed. Moreover, nobody would be prejudiced by the restoration of the name of the appellant-company and the restoration of the name of the appellant company in the register is clearly in the interest of the Appellant Company. The lapses on the part of the management in non-filing of the annual returns and financial statements time can be countered by imposing cost. In order to achieve the most satisfactory and fairest solution, the restoration of the name of the appellant-company in the register of the RoC is in the interest of the appellant-company and its stakeholders. Although there is a delay in filing the annual returns as well as financial statements befo .....

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..... L2010PTC2017193 having registered office at 6562/1, Chamelian Road, Near Idgah, Delhi 110006, therefore lying within the territorial jurisdiction of this Tribunal. 3. It is submitted that since incorporation the main business of the appellant-company is To provide consultancy business in industries and to set up steel furnaces and continuous casting and rolling mill plant for producing for steel and alloy ingots, steel and alloy steel billets, and all kinds and sizes of re-rolled sections, flats, angles, rounds, containers, squares, hexagons, octagons, rails, joints, annels, steel strips, agricultural implements, machinery, sheets, deformed bars, plain and cold twisted bars, bright bars, fling and steel structural etc. 4. A sweeping .....

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..... Statements and Annual Returns for the financial year ending 31.03.2014 and onwards with the office of the concerned Registrar of Companies, NCT of Delhi and Haryana. The appellant-company further submits that the default in the statutory compliance was without mala fide motive and that was purely due to the lack of professional guidance of the management and was unaware of the notification regarding striking off the name of the appellant-company from the register of the Registrar of Companies. 7. In order to corroborate above submissions, the appellant-company has placed before us the following evidence: i) The Appellant-Company has undertaken to submit Copies of Audited financial statements for the period ended 31.03.2014 to 31.03.2 .....

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..... id discussion, it is established on record that the company was carrying on the business and was operative at the time of the name struck off from the register of companies. Besides that, it is seen that the captioned appeal has been filed within the stipulated period prescribed under Section 252 of the Companies Act, 2013. Needless to say, that RoC, NCT of Delhi and Haryana have raised no specific objection against the restoration of name of the appellant-company subject to filing of statutory returns with the fees as prescribed. Moreover, nobody would be prejudiced by the restoration of the name of the appellant-company and the restoration of the name of the appellant company in the register is clearly in the interest of the Appellant Com .....

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