TaxTMI 
TaxTMI 
2020 (9) TMI 748
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....Anil Kapilashrami, (hereinafter referred to as the 'petitioner' or 'company') under Section 252(3) of the Companies Act, 2013 (hereinafter referred to as the 'Act') seeking restoration of the name of the Company in the Register of Companies. The master data of the Company is at Annexure A6 i.e. Page 43 of the Petition. The CIN of the Company is U74140HR2013PTC049602. As per the master data of the petitioner-company, the company was incorporated on 20.06.2013. The registered address of the petitionercompany is 1207, 12th Floor, Welldone Tech Park, Sector 48 Sohna Road, Gurugram- 122002 which falls in the State of Haryana and therefore, the matter lies within the territorial jurisdiction of this Tribunal. 2. The petition is accompanied by ....
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...." 4. It is stated in the petition that the Registrar of Companies, NCT of Delhi and Haryana, (hereinafter referred to as the 'ROC') struck off the name of the Company from the Register of Companies due to defaults in statutory compliances, namely, failure to file financial statements and annual returns since its incorporation i.e. from financial year 2013-14. The name of the company is stated to be struck off from the Register of Companies under Section 248(5) of the Companies Act, 2013, vide Form No.STK-7 dated 08.08.2018 and Gazette Notification No.33 in terms of Section 248 of the Act was published notifying the names of the companies which were struck off. The name of the petitioner-company is stated to be at Serial No.17479 in the F....
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....the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, the name of the Company was struck off from the Register of Companies and Gazette Notification in terms of Section 248(5) of the Companies Act, 2013 was published notifying the names of companies which were struck off. A copy of Gazette of India Notification No.33 dated 08.08.2019 is at Annexure II of the ROC report and the name of the company is appearing at Sr. No.17479. It has been prayed that the Company may be directed to prove that it was carrying on business or was in operation and that it is just the name of the company be restored to the register and the company be directed to file the financial statements upto date and cost may be awarded in ....
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....g its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if t....
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....nother account maintained with Kotak Mahindra Bank ranging from 01.04.2015 to 31.03.2017 have been attached at Annexure A-9 of the petition. 18. In view of the above discussion, it is observed that the petitionercompany has earned revenue in the financial year 2013-14 to 2016-17, therefore, it is just and equitable to restore the name of the petitionercompany into the Register of Companies, maintained by the ROC. 19. It is therefore, held that the ingredients provided for in Section 252(3) of the Act, are satisfied. 20. In view of the above, the petition is allowed and the name of the company be restored in the Register of Companies, subject to deposit of Rs. 20,000/- (Rupees Twenty Thousand only) as costs with the Pay and Accounts....