TMI Blog2022 (8) TMI 1204X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 2012 to 2017. A perusal of the above documents show that the Company has been active and carrying on its business activities two (2) years preceding from the date of strike off. Taking into consideration the provisions of Section 252 of the Companies Act, 2013 which vests this Tribunal with a discretion where the Company whose name has been struck off and such Company is able to demonstrate that there is a running business as on the date when the name of the Company was struck off and also keeping in consideration that it is just to do so can restore the name of the Company in the register - Application allowed. - CA/529/2020 - - - Dated:- 22-7-2022 - S. Ramathilagam, J. (Member (J)) And Sameer Kakar, Member (T) For the Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TK-5 ROC/CHN/S.248/STK-5/1/2018 dated 04.06.2018. 5. The reason for non-filing is stated to be that the Company had engaged the service of a Company Secretary to perform the task for filing the returns. However, due to certain technical and other reasons, the same could not be filed and said fact was also not known to the Directors of the Company. It was submitted that only in the year 2019, when the balance sheet as on 31.03.2019 was ready to be filed with the Respondent, the fact of non-filing of the returns as well as the fact that the name of the Applicant Company has been struck off was known to the Applicant. 6. Under these circumstances the Ld. Counsel for the Petitioner prayed for restoration of the name of the Applicant Compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Central Sales Tax filed by the Company for the year 2012 to 2017. A perusal of the above documents show that the Company has been active and carrying on its business activities two (2) years preceding from the date of strike off. 10. Thus, taking into consideration the provisions of Section 252 of the Companies Act, 2013 which vests this Tribunal with a discretion where the Company whose name has been struck off and such Company is able to demonstrate that there is a running business as on the date when the name of the Company was struck off and also keeping in consideration that it is just to do so can restore the name of the Company in the register and in the interest of all the stakeholders including members of the Company, its emp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of restoration of the name of Company in the register it will not entitle the Directors of the Company whose names in case have been disqualified by virtue of provisions of Section 164 of the Companies Act, 2013 by the Respondent/RoC automatically to be restored to directorship except in accordance with law. (vi) An affidavit of compliance of the aforesaid directions shall be filed by the Applicant within a period of 2 months from the date of this order. (vii) The shareholders of Applicant Company shall jointly submit an Undertaking to the Registrar of Companies stating therein that the accounts of the Company were not used as means to transact tainted money during the period of demonetization. (viii) Further, this orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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