TMI Blog2022 (12) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... LT, New Delhi as well as RoC, NCT Delhi Haryana is not sustainable in law. The name of the Appellant Company be restored to the Register of Companies subject to the conditions imposed - application allowed. - Company Appeal (AT) No. 116 of 2021 - - - Dated:- 6-12-2022 - [Justice Anant Bijay Singh] Member (Judicial) And [Ms. Shreesha Merla] Member (Technical) For the Appellant : Mr. Awnish Kumar, Advocate For the Respondent : Ms. Mitika Raja, AROC JUDGMENT Justice Anant Bijay Singh; The present Appeal under Section 421(1) of the Companies Act, 2013, has been filed by the Appellant being aggrieved and dissatisfied by the order dated 10.08.2021 passed by the National Company Law Tribunal (Court-V, New Delhi) in A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09/03/2017 01071754 5 Ashok Mishri Mal Jain 07/07/2010 01133869 6 Satwant Kalra 14/07/2006 01331672 List of Shareholders Sr. No Name of Shareholders No. of equity shares of 10/- each. Percentage of shareholding 1 Bhagwant Singh Kalra 5,000 50% 2 Satwant Kalra 5,000 50% Total ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copy of balance sheet were duly laid and adopted in the respective Annual General Meeting of the Company under relevant provisions of Act. The company is having tangible fixed assets that comprises of land amounting to Rs. 12,05,031.55. The directors of the company regularly paying the dues of the Corporation and has paid his dues of Rs. 3,65,923/- on 12.01.2021 to the Corporation. The company has also filed income tax returns regularly. v) Further case is that the Respondent Registrar of Companies without giving any prior notice to the Appellant Company ordered the publication of information regarding the removal of name of the Appellant Company from the register of Companies w.e.f. 07th June 2017 in the Official Gazette dated 30.06.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10 which shows that the Appellant Company was carrying on its operations before the date of striking off the name of the Company i.e. before 30.06.2017. 4. On the other hand, the Respondent during the course of argument and in his reply submitted that the Appellant Company has filed its financial statements till financial year 31.03.2009 due to which the Respondent had reasonable cause to believe that the Appellant Company was not in operation and in terms of provision of Section 248(1), notice was sent to the Appellant Company and also to its directors by invoking the provisions of Section 20 of the Companies Act, 2013. The appellant company has been issued STK-1 in March, 2017. Further, in terms of Section 248(4) of the Act, public not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all pay costs of Rs. 1,00,000/- (Rupees One Lakh) to the Registrar of Companies, NCT Delhi Haryana within 30 days. ii) After restoration of the Company's name in the Register maintained by the RoC, the Company shall file all their Annual Returns and Balances Sheets. The Company shall also pay requisite charges/fee as well as late fee/charges as applicable. iii) Inspite of present orders, RoC will be free to take any other steps punitive or otherwise under the Companies Act, 2013 for non-filing/late filing of statutory returns/documents against the Company and Directors. The instant Appeal is allowed to the above extent. 7. Registry to upload the Judgment on the website of this Appellate Tribunal and send the copy of this J ..... X X X X Extracts X X X X X X X X Extracts X X X X
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