TMI Blog2023 (6) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... Registrar of Companies. There are no merit in the instant Appeal to interfere with the order impugned passed by the NCLT. The impugned order dated 17.12.2021 passed by the National Company Law Tribunal (New Delhi Bench, Court-II) is hereby affirmed - The instant Appeal is hereby dismissed. - Company Appeal ( AT ) No. 27 of 2022 - - - Dated:- 1-6-2023 - [ Justice Anant Bijay Singh ] Member ( Judicial ) And [ Dr. Alok Srivastava ] Member ( Technical ) For the Appellant : Mr. Praveen Mahajan , Advocate For the Respondent : Mr. Kamal Kant Jha , Sr. Panel Counsel for R - 1 / RoC Delhi Mr. S. Agarwal , Sr. Standing Counsel , Mr. Shivansh B. Pandya , Jr. Standing Counsel and Advocate Utkarsh Tiwari for R - 2 JUDGME ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, protein health and instant foods of all kinds including baby and dietetic foods, cereals, beverages, cordials, tonics, restrative and aerative mineral waters and food stuffs and consumption and other products, meat and meat products, vegetarian and nonvegetarian, herbs, honey ayurvedic medicines, produce the agri or horticultural products, development of farmhouses to be used for agri business, to establish poultry farms or goat farms or any kind of farms etc. iii) Further, to carry on the business independently or as agents, representatives, collaborators and associates for the promotion and development of agriculture, plantation, floriculture, horticulture, tissue culture, aquiculture, aquaculture, pisciculture, sericulture and al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2013 to 2019-2020. Due to the financial instability of the Appellant the management of the Appellant was not able to file its financial statements and annual returns with Respondent No. l after the financial year ending on 31.03.2016. However, the appellant company being the running company is having all the financial statements from the financial years 2011-2012 to 2019- 2020 and the same is audited by the Statutory Auditor. v) The board of meeting of the Appellant company was held on 27.11.2020 and in that meeting it came to the knowledge of management of the Appellant company that due to oversight and inadvertent reasons there has been a default in filing the necessary documents with the Respondent no.1 since the work of filing the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be filed with the Respondent no. l and on that time only it came to the knowledge of Appellant Company that they are no longer in existence and its name stands deleted w.e.f. 08.08.2018. Thereafter, The Appellant Company filed the appeal under Section 252(1) read with section 252(3) of the Companies Act, 2013 before the NCLT against this arbitrary action by the Respondent No. 1 i.e. striking off action taken by the Respondent No. 1 against the Appellant Company under Section 248(5) of the Companies Act, 2013 and after hearing the parties, the Tribunal passed the order impugned dated 17.12.2021 which led to filing of this Appeal. 3. The Learned Counsel for the Appellant during the course of argument and grounds taken in the memo of A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ness and striking off only account of reasons for not filing the annual accounts cannot be sole reasons to dismiss the appeal, the company was incurring the cost on employee which itself shows that the company was working company. 5. It is further submitted that the judgment relied upon by the NCLT i.e Alliance Commodities Private Limited Vs. Office of Registrar of Companies, West Bengal, Company Appeal (AT) No. 20 of 2019 as quoted in the order is not applicable to the fact of the present case and the principles stated therein is not applicable, since there is no allegation on the part of ROC and/or finding by the NCLT that company has not been carrying on business in consonance with objects of the Company. It is not observed anywhere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n-filing of the financial statements of the Company for two or more years). 8. The Learned Counsel for the Respondent No. 2 during the course of argument and in his reply affidavit submitted that as per the record M/s Sanmati Agrizone Private Limited has no outstanding Income Tax Demand and there are no pending assessment or penalty proceedings against the present Company. The office of the Income Tax Department has no objection if the name of the present Company is restored by this Tribunal. 9. We have considered the submissions made on behalf of the parties and perused the record. 10. Learned Counsel for the Appellant in support of the submissions has placed the copies of the Audited Balance Sheets for the following Financial Yea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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