TaxTMI 
TaxTMI 
2019 (8) TMI 879
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....indal Nirman Private Limited in the Register of Companies maintained by the Registrar of Companies, West Bengal. 2. The Appellant's contentions in brief for our determination are as under: a) M/s. Jindal Nirman Private Limited (Struck off) (hereinafter referred to as the Company) was incorporated on 29^th day of January, 2008 as a Private Limited Company limited by shares under the provisions of Companies Act, 1956. b) The Share Capital of the Company is as under: i. The authorized share capital of the Company is Rs. 17,00,00/- (Rupees Seventeen Lakhs only) divided into 1,70,000 (One Lakh Seventy Thousand only) Equity Shares of Rs. 10/- (Rupees Ten only) each. The issued,....
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....mplying with the requirements of the said Section. 7. Now, Appellant has filed this appeal for restoration of the Company under the Register of Companies under Section 252 (3) of the Companies Act, 2013. 8. The Ld. Counsel for the appellant briefly narrated the facts relating to the issue on hand and took us through Financial Statements, Bank Statements, Income Tax Record etc. filed along with the Petition in support of his claim for restoration of name of the Company. 9. On the other hand, ROC, West Bengal has contended that the action of striking off of the name of the Company from the Register of Companies was based upon the facts and reasonable belief that the company was not carrying out any....
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....ns which have been invested in the real estate properties and shares since beginning and the same status, more or less, has continued till 31^st March, 2018. 14. The company has also provided us the copy of bank statement as Annexure A-7 and Copies of Income Tax Return marked as Annexure6. 15. The above facts lead us to a conclusion that the Company made investment in properties in the initial period itself which is continuing. It is also pertinent to mention that investment in such properties is of a significant value and in case the Company is struck off, it may cause irreparable loss and disposal of such properties may be legally difficult. 16. However, we do not find any merit in the contenti....
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....e date on which its name is restored on the Register of Companies by the ROC. c) The Company's representative, who has filed the application is directed to personally ensure compliance of this order. d) The restoration of the Company's name is also subject to the payment of Rs. 1,75,000/- (Rupees one lakh seventy-five thousand only) as cost through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "payment of cost for the revival of the company pursuant to orders of Hon"ble NCLT in Appeal No. 778/ KB/ 2019" within 15 days from the date of this Order. e) The applicant is permitted to deliver a certified copy of this order wi....