TMI Blog2022 (11) TMI 702X X X X Extracts X X X X X X X X Extracts X X X X ..... ny appears to be a shell Company. Therefore, the Impugned Order dated 11.12.2020 passed by the National Company Law Tribunal (New Delhi Court-III) is hereby affirmed. Appeal dismissed. - Company Appeal (AT) No. 33 of 2021 - - - Dated:- 15-11-2022 - [ Justice Anant Bijay Singh ] Member ( Judicial ) And [ Ms. Shreesha Merla ] Member ( Technical ) For the Appellant : Mr. Gursat Singh and Mr. Ayush nanda , Advocates For the Respondent : Mr. Zoheb Hossain , Sr. Standing Counsel Mr. Parth Semwal and Mr. Vipul Agrawal , Jr. Standing Counsel JUDGMENT Justice Anant Bijay Singh ; The present Appeal under Section 421 of the Companies Act, 2013 has been preferred by the Appellants against the final order dated 11.12.2020 pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... run its business of distribution and software service since 2006 and continued to do however, it was not doing the sale and purchase of goods and distribution but the it was into the operation of marking regular expenditure of maintenance of immovable property such as payment of property tax and other miscellaneous expenses even after passing of struck off order against the Company, though even thereafter the Company continued to remain in operation and continues till date. The Company has paid Property Tax to municipal corporation, Ludhiana for the period of 2013-14 to 2019-20. iii) Further case is that while the Company did not file its financial statements and annual returns since 2012 on account of acute staff shortage and financial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g on business of distribution of hardware and software and constructing structure of units since 2006. Furthermore, the Appellant Company also owns the building and land was brought by way of sale deed dated 04.04.2008 and at present the company continued to run its business of distribution and software service since 2006, but for a period of time, it was not doing the sale and purchase of goods and distribution, despite that the Appellant Company was making regular expenditure for maintenance of immovable property such as payment of property tax and other miscellaneous expenses. 4. It is further submitted that the Company conducted its Annual General Meeting annually and prepared audited financial statements from 2016-17 to 2018-19 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 has failed to acknowledge that the Appellant Company has preparing its financial statements, making payment to its auditors, filing property tax, conducting its annual general meetings and has been pursuing its claim in various legal proceedings, which shows that the Respondent No. 2 has failed to pay heed to the assertions of the Appellant Company. 7. The Ld. Counsel for the Appellants relying on following Judgments and submitted that in view of the aforesaid submissions the impugned order is fit to be set aside and the Appeal be allowed. i) Khetan Granite Pvt. Ltd. Vs. Office of Registrar of Companies., [Company Appeal (AT) No. 290 of 2019]. ii) Felpact Pvt. Ltd. and Ors. Vs. ROC and Ors., (Company Petition No. 24 of 2012). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 248 of the Companies Act, 2013 and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, after expiry of time as mentioned in notice published/sent and non-receipt of any objection from the company/directors, Dissolution in form STK-7 having effect from 07.06.2017 was published on the website of Ministry of Corporate Affairs on 08.07.2017. 10. It is further submitted that the records of the answering Respondent, neither the Appellant Company was carrying out any operation for a period of 2 immediately preceding financial years nor have any immovable property in its name, therefore, the company was unable to produce before the Tribunal any just and equitable ground for revival. Based ..... X X X X Extracts X X X X X X X X Extracts X X X X
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