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2022 (8) TMI 882

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..... #39;) under Section 248(5) of the Act published on 19.07.2018 vide notification No. ROC-G/248(5)/2018/4329 by the office of the Registrar of Companies, Gwalior, Madhya Pradesh. The present appeal is within the limitation period stipulated by Section 252 of the Act. 2. The Company is incorporated as a Private Limited Company with the Registrar of Companies, Gwalior on 03.02.2014 under the provisions of the Companies Act, 2013, with CIN U70102MP2014PTC032314, having its registered office at Flat No. 103, 06 Malviya Nagar, The Huzur, Bhopal, Madhya Pradesh 462003. The Authorized Share Capital of the Company is Rs. 5,00,000/- divided into 5,000 equity shares of Rs. 100/- each. The issued, subscribed, and paid-up share capital of the Company is .....

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..... project at Bhopal in the name of "Creation View" for which the Company has entered into two separate joint venture agreements with its Directors Mr. Rajesh Malviya and Mr. Bahadur Singh for the purpose of the said project and their piece of land aggregating to and admeasuring to approximately 4073 Square Meter is being used for the purpose of said project. 4. The Appellant has asserted and supported their averments with the documents and records showing that the Company was in operation and doing business during the period of striking off the name of the Company and has produced the following documents about it being in operation and functional during the period of striking off: i. Copies of financial statements from the Financial year .....

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..... ion, but as per the Balance Sheet the Company has current liabilities of Rs. 55,85,000/- and fixed assets in the form of capital work in progress amounting to Rs. 91,29,422. The Company also has a colonizer certificate issued by the Municipal Corporation Bhopal. Under the provisions of Section 252(3) of the Act, this Tribunal is vested with the discretion, where the Company whose name has been struck off and such Company is able to demonstrate that it is just to do so, to restore the name of the Company in the Register of the Registrar of Companies in the interest of all stakeholders, including the Appellant herein who seeks restoration of the name of the Company in the Register maintained by Registrar of Companies. In the facts and circums .....

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