TMI Blog2023 (5) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... Since, there was no Order passed on merits, therefore, the Appeal was not filed rather an Application under Section 252(3) was filed by the Operational Creditor for the Restoration of the name of the Corporate Debtor Company to the Register maintained by the RoC and the said Application was allowed on 02.03.2021. Thereafter, the Application has rightly been filed for the purpose of revival of the main Petition filed under Section 9 because the eclipse caused because of the fact that the name of the Corporate Debtor Company was struck off from the Register of RoC on 09.08.2018 was removed by Order dated 02.03.2021 and thus there was no hinderance in the way of the Operational Creditor to maintain and proceed with the Application filed un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anies Act, 2013 (hereinafter referred to as The Act ) bearing CA/952/2019 before the Tribunal against the Order of the Registrar of Companies ( RoC ) for seeking Restoration of name of the Company (Corporate Debtor) to the Register maintained by the RoC. The said Application was allowed on 02.03.2021 and as such, the Corporate Debtor got the status of a Company having been active since 14.04.2021. 4. Thereafter, the Operational Creditor filed the present Application i.e., RST. APP. (IB)/10(CHE)/2022 for revival of the main Petition i.e., CP/1454/IB/2018 on 03.06.2021. The said Application was contested by the Appellant (Corporate Debtor), inter alia, on the ground that the Order dated 29.01.2019 should have been challenged by way of an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was filed on 10.12.2018. Since, there was no Order passed on merits, therefore, the Appeal was not filed rather an Application under Section 252(3) was filed by the Operational Creditor for the Restoration of the name of the Corporate Debtor Company to the Register maintained by the RoC and the said Application was allowed on 02.03.2021. 8. Thereafter, the Application has rightly been filed for the purpose of revival of the main Petition filed under Section 9 because the eclipse caused because of the fact that the name of the Corporate Debtor Company was struck off from the Register of RoC on 09.08.2018 was removed by Order dated 02.03.2021 and thus there was no hinderance in the way of the Operational Creditor to maintain and proceed w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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