2019 (5) TMI 1471

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....he same and take on record. 2. Both sides agree to argue the matter. The same is take up for final hearing. 3. National Company Law Tribunal, Bench III at New Delhi (NCLT) has dismissed the appeal No.128/ND/2018 of Appellants, under Section 252 of the Companies Act, 2013 (Act in short), to restore name of Company "Shaila Real Estate Developers Pvt Ltd" to Register of Companies. The Learned Counsel for Appellants is heard with regard to the merit of the appeal. It appears that the company "Shaila Real Estate Developers Private Ltd" (Company) was incorporated on 4.4.2007. It is stated that the company filed its statutory returns as are required to be filed under Act till 2011 and thereafter there was default in filing the financial statemen....

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....ed an income of Rs. 2410/- for the assessment year 2018-19. 5. We have gone through the impugned order passed by NCLT in appeal No.128/ND/2018 which was passed on 10.7.2018 and which is impugned in this appeal. The NCLT took note of the appeal which was filed before it and the NCLT observed that ROC has not made any adverse observations or objections except praying that the statutory required documents need to be complied with. NCLT took notice the statements of the Income Tax Department also. NCLT referred to the evidences placed before it in the form of (1) Income tax Returns for AY 2016-17 and 2017-18, (2) bank statements of the company since 2010 to 2018 and audited financial statements for the years ended 31.3.2015, 31.3.2016 and 31.3....

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.... on the land. The learned counsel for the appellant pointed out the balance sheet of 2016-17 at Page 122 in the appeal paper book to say that in the balance sheet of 2016-17 the concerned property which was shown in the agreement of sale is reflected. The counsel pointed out the copy of said agreement of sale at Page 205 which showed the name of the company in the Annexure A (Page 226). The argument is that when immovable property is there it is just and appropriate to restore the name of the company. 7. There is no dispute that STK 7 was issued on 30.6.2017 after issue of STK 5. The appellant has not filed the copy of the STK 5. The number and date of STK5 is referred in STK 7. STK5 is published and the notice gives chance to the concerne....