TMI Blog2023 (6) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... as immovable assets, therefore, it cannot be said that the Appellant Company is not carrying on any business or operations. The name of the Company be restored to the Register of Companies subject to the compliances fulfilled - application allowed. - Company Appeal ( AT ) No. 145 of 2021 - - - Dated:- 1-6-2023 - [ Justice Anant Bijay Singh ] Member ( Judicial ) And [ Naresh Salecha ] Member ( Technical ) For the Appellant : Ms. Aastha Shrestha , Mr. Kumar Anurag Singh , Mr. Shwetank Singh , Advocates For the Respondent : Mr. Kamal Kant Jha , Sr. Panel Counsel ( GOI ) for RoC , Mumbai. JUDGMENT Justice Anant Bijay Singh ; The present Appeal under Section 421 of the Companies Act, 2013, has been filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... furnish and maintain flats, marionettes, dwelling houses, shops, offices, blocks, buildings, hotels, motels, farm houses, holiday resorts, club house, industrial estates works and conveniences and /or sell the same on ownership basis, instalments basis hire purchase basis or lease basis, transfer such building to co-operative society, or association of persons or individuals as the case may be, to lay out roads, pleasure gardens, recreation, grounds, auditoriums, theatres, health clubs, service canters and sports pavilion, to plant, drain or otherwise improve land building or any part thereof. iii) The business of the Appellant company was going on smoothly and nolegal omission or commission of was committed by the Appellant till the ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of a dormant company, as per the provisions of Section 455 of the Companies Act. On 19.07.2018, the ROC, Mumbai further issued a notice to the Appellant for striking off its name from the Register of the Companies. Accordingly, vide publication, dated 11.09.2018, the ROC, Mumbai published the names of the Corporate Entities, whose names were struck off from the list of Active Companies. The name of the appellant company appeared at Sl. No. 5217 of the list issued by the ROC, Mumbai. Thereafter, the Appellant filed appeal against the order of Registrar of Companies for restoration of name of the Company under Section 252 of the Companies Act, 2013 and after hearing the parties, the Tribunal passed the order impugned dated 29.11.2019 which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tutory returns. The Appellant Company had filed the returns, but the ROC, Mumbai suppressed this vital fact before the NCLT. Based on above submissions, the impugned order is fit to be set aside and the Appeal be allowed. 6. On the other hand, the Ld. Counsel for the Respondent No. 1/Registrar of Companies in his Reply it is stated that the Company-Leading Age Properties Private Limited was incorporated with the office of the Registrar of Companies, Mumbai on 21.10.2005, but due to failure in filing of its statutory returns, the name of the company has been considered for striking off by the Registrar of Companies, Mumbai in a suo moto action under the provisions of Section 248 of the Companies Act, 2013 and also in pursuance of the circ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal (Mumbai Bench) as well as Registrar of Companies, Mumbai is not sustainable in law. 8. In view of the aforenoted, we set aside the impugned order dated 29.11.2019 passed by the National Company Law Tribunal (Mumbai Bench) in CP No. 1958/252(1)/MB/C-IV/2019. The name of the Company be restored to the Register of Companies subject to the following compliances. i) Appellant Company shall pay costs of Rs. 1,00,000/- (Rupees One Lakh) to the Registrar of Companies, Mumbai within eight (8) weeks from the passing of this Judgment. ii) After restoration of the Company's name in the Register maintained by the Registrar of Companies, the Company shall file all their Annual Returns and Balance Sheets. The Company shall also pay re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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