2019 (4) TMI 393

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...., 2018 rejecting the application for restoration of the name of the company to the Register of Companies under section 252 of the Companies Act, 2013 ("Act" in short). 2. We have heard learned counsel for the appellant. The Registrar of Companies remained absent in spite of service of notice. 3. Learned counsel for the appellant submitted that the appellant-company has been carrying on business of the recruiting, training and placing persons in suitable professions and it was carrying on operations when the name of the company got struck off for non-filing of returns. It is argued by learned counsel that the appellant filed application for revival of the company and that, the Registrar of Companies in its reply, had in paragraph 8 submitt....

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....ve the company which was struck off under section 248 of the Companies Act, 2013. We are enclosing the following documents for your kind reference : We hereby request you to kindly accept the application and approve the same." What documents were annexed, exhibit 48 does not tell us and the appellant has not annexed documents to this one-page exhibit. We pointed out to learned counsel for the appellant at the time of arguments that this document does not spell out any of the grounds as contemplated by section 252 of the Companies Act. Counsel, however, stated that this was the only document on the basis of which the National Company Law Tribunal was moved. He stated, further, that he was relying on the reply filed by the Registrar of C....

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....the name of the company has been struck off by the concerned Registrar of Companies under section 248(5) of the Companies Act, 2013. The Registrar of Companies has filed its report which is placed on record. It has been submitted by counsel for the applicant that the company has not availed any loan and there are no liabilities. An amount of one lakh is lying in the accounts of the company. Counsel for the applicant is not in a position to show that the applicant company is carrying on its business as per its object. There is no record placed on file that the company is a going-concern and carrying on commercial activities. The company is a shell company. The application is devoid of merits. Therefore, stands dismissed." Thus, if annexur....