Appeal successful: Company name reinstated in Register of Companies per Companies Act

The appeal was allowed, and the company's name was restored in the Register of Companies, as if it had not been struck off initially, in accordance with Section 248(1) of the Companies Act, 2013. The order was served to the concerned parties for compliance and information.

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Issues:
Appeal against striking off company's name under Section 248 of the Companies Act, 2013.

Analysis:
The appeal was filed by a company against the order of striking off its name by the Registrar of Companies (ROC) under Section 248(1) of the Companies Act, 2013. The company contended that it was incorporated as a Private Limited Company and provided details of its authorized share capital and main objects. The ROC had struck off the company's name due to non-filing of Financial Statements and Annual Returns, indicating non-operation of the business, as per Section 248 of the Act.

The company presented evidence to show its operation and functionality during the period of striking off, including a Lease Deed, Audited Financial Statements, and relevant certificates. The ROC expressed no objection to restoring the company's name if all pending statutory documents were filed along with late filing fees. The Income Tax Department confirmed non-filing of Income Tax Returns but mentioned no pending cases or cash deposits during demonetization.

The Tribunal considered the grounds under Section 252 of the Companies Act, 2013, which allow restoration if the company was in operation at the time of striking off or if it appears just to restore its name. The Tribunal found the evidence provided by the company sufficient to demonstrate its operation, thus ordering the restoration of the company's name in the Register of Companies. The appeal was allowed, declaring the striking off as illegal, and setting aside the Public Notice. The company was directed to complete all formalities, pay necessary fees, and contribute to the Prime Minister's Relief Fund for restoration.

In conclusion, the appeal was allowed, and the company's name was restored in the Register of Companies, as if it had not been struck off initially, in accordance with Section 248(1) of the Companies Act, 2013. The order was served to the concerned parties for compliance and information.

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