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Step 2 – Draft Generation
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• Relevant statutory provisions • Judicial precedents and Supreme Court, High Court and other citations • Issue-wise legal analysis • Practical arguments and supporting content • Professionally structured draft ready for further review.
Tribunal orders restoration of struck-off company's name with compliance and costs The Tribunal ordered the restoration of a struck-off company's name in the Register of Companies, subject to payment of costs for non-compliance without ...
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Provisions expressly mentioned in the judgment/order text.
Tribunal orders restoration of struck-off company's name with compliance and costs
The Tribunal ordered the restoration of a struck-off company's name in the Register of Companies, subject to payment of costs for non-compliance without reasonable explanation. The company must file pending documents within 45 days, ensure compliance, and pay a cost of Rs. 25,000 for each year of default. The ROC will publish the order in the official Gazette after compliance. The judgment clarified that it only addressed violations leading to the strike off, not preventing further legal actions for other offenses.
Issues: Restoration of struck off company's name in the Register of Companies.
The judgment pertains to an application filed under Section 252(3) of the Companies Act, 2013 for the restoration of a struck-off company's name in the Register of Companies maintained by the ROC, Gwalior, Madhya Pradesh. The company, incorporated in 2010 for telecommunications systems, failed to file Annual Returns and Financial Statements from 2010-11 to 2015-16, leading to its strike off by the ROC. The appeal for restoration was initially dismissed due to non-prosecution but has now been restored. The ROC, in its report, recommended allowing the appeal subject to pending filings with additional fees. The Tribunal noted the company's failure to file returns but observed some existing activities from the Financial Statements. The company expressed intentions to increase operations in the future. Consequently, the Tribunal ordered the restoration of the company's name subject to payment of costs for non-compliance without reasonable explanation. The specific directives included restoring the company's status to 'Active,' filing pending documents within 45 days, ensuring compliance by the company's representative, and paying a cost of Rs. 25,000 for each year of default. The ROC was instructed to publish the order in the official Gazette after compliance. The judgment clarified that it pertained only to violations leading to the strike off, not hindering further legal actions for any other offenses committed by the company. The Company Appeal was disposed of accordingly, with provision for issuing an urgent certified copy upon compliance with formalities.
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