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TMI Blog2024 (7) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf of the substituted LRs of Defenant No. 3, to file a Written Statement to which an objection has been taken on behalf of the plaintiff on the ground that an absolute new defence is sought to be taken by filing a Written Statement by the Defendants who have stepped into the shoes of the deceased Defendant No.. 2. Learned counsel appearing on behalf of the LRs of Defendant No. 3 submits that they have come to know about a total fraud which has been committed on the Defendants. 3. After some arguments, he seeks permission to withdraw the present Application to move a fresh amendment Application. 4. The application is permitted to be withdrawn with the liberty as prayed for. 5. The present application is accordingly disposed of. I.A.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the National Company Law Tribunal, Court No V, New Delhi under Section 252 of the Companies Act for restoration of the name of the Company maintained by the Registrar. However, the Appeal was dismissed, against which the plaintiff Company filed a Company Appeal No. 154/2021 before NCLAT. The Appeal was allowed vide Order dated 15.12.2022 whereby the Order of striking of the plaintiff Company was set aside subject to 3 conditions as were incorporated therein to be complied for the Revival of the Plaintiff Company before the issue of fresh Certificate of Incorporation. 10. It is submitted in the application that a cost of Rs. 50,000/- imposed by the NCLAT, has been claimed to have been deposited vide Challan No. X34332247 dated 30.01 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orporate Affairs, reveals that no files have been made by the Plaintiff Company. In view of this, the Suit of the plaintiff is liable to be dismissed as abated under Order XXII Rule 8 CPC. 15. The counsel for the Defendant has relied upon the case Rainawari Finance & Investment Company Put. Ltd. Through its Director Jeane Fernades v. Income Tax Officer (2023 SCC Online J&K 887). 16. The plaintiff in its detailed reply to the application has denied all the averments made in the Application. It is submitted that Order XXII Rule 8 CPC specifies the procedure in case of insolvency. The plaintiff Company is not under liquidation and therefore, Order XXII Rule 8 is not applicable. 17. It is further submitted that this application is mala fide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he NCLAT vide its Order dated 15.12.2022 had imposed the following conditions for the restoration of the Plaintiff Company: i) Appellant shall pay costs of Rs. 50,000/ - (Rupees Fifty Thousand) to the Registrar of Companies, NCT Delhi & Haryana within 08 (Eight) weeks from passing of this Judgment. 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 within 08 (Eight) weeks thereafter. 23. The first condition of deposit of Rs. 50,000/- as cost, has admittedly been complied with, though the objection had been taken that the amount had been depos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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