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TMI Blog2023 (2) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... d and dissatisfied by the order dated 08.10.2021 passed by the National Company Law Tribunal (Court-V, New Delhi) in Appeal 109/252/ND/2021 whereby and whereunder appeal filed by the Appellant No. 2 being Director of 'M/s Lico Food Products Pvt. Ltd.' / 'Appellant No. 1 herein' for restoration of the name of the Company in the Register maintained by the Registrar of Companies (RoC), NCT of Delhi and Haryana was dismissed by the Tribunal. 2. The facts giving rise to this Appeal are as follows: i) M/s Lico Food Products Private Limited (Struck Off) (hereinafter referred to as the 'Company') was incorporated on 23.12.1987 as a Private Limited Company, limited by shares under the provisions Companies Act, 1956 in the name of M/s Lico Food Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... already been struck off from the file/register maintained by the Registrar of Companies, New Delhi and Haryana. However, the Company Secretary handed over a copy of the Notice under Section 248 (5) of the Companies Act, 2013 to the representative of the said company. v) There were some internal disputes among the shareholders and management of the company. However, after such disputes were resolved the Company took steps to file the same with the Respondent No. 1 in March, 2018 but the Respondent No. 1 refused to accept it on the ground that the name of the Company has been "Struck Off" from the Registrar. The Appellant company intends to carry on its business and operation and has not made any application within such period for obtaining ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany was unaware of the notification regarding striking off the name of the company. The Appellant came to know about the same only when the representative of the company want to file the statutory documents as per the requirements of the Act and immediately the representative of the Appellant company visited to the Registrar of Companies and requested to change the status of the company from "Strike Off" to "Active" so that the statutory compliances can be made as per the requirement of the Act. But the Respondent No. 1 expressed his helplessness to make any correction or modification in the master data and in accepting the Audited Accounts and Annual Returns as the name of the Company has already been struck off from its record. Thus, s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emarks 1. Revenue from Operations. As per Profit & Loss A/c attached. F.Y.2002-2003 Rs. 34,570.00/- F.Y.2003-2004 Rs. 28,000.00/- F.Y.2004-2005 Rs. 30,000.00/- F.Y.2005-2006 Rs. 34,550.00/- F.Y.2006-2007 Rs. 33,500.00/- F.Y.2007-2008 Rs. 31,500.00/- 2. Audited Financial Statements Submitted with petition for the F.Y. 2003-04 to 2015-16. 7. It is further stated that the Office of the Registrar of Companies has no objection in the restoration of the Company, if this Tribunal choose to consider the application for restoration the name of the company, this Tribunal may please issue directions to the Appellant company to file all the pending Annual Returns and Balance Sheets of the subject company wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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