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2020 (9) TMI 901

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....pany') through its directors,under Section 252 of the Companies Act, 2013 (for brevity 'the Act') against the order of striking off the name of the company, passed by the Respondent under Section 248 (1) of the Act, issued vide bearing No. ROC/DELHI/248(5)/STK-7/4865 dated on 08.08.2018by Registrar of Companies, the respondent herein. 2. The Appellant states that,the companywas incorporated as a Private Limited Company with the Registrar of Companies, NCT of Delhi and Haryana under the Companies Act, 1956on 31.03.1995with CIN U74899DL1995PTC067024,having its registered office situated at D 0191,Mansarovar Garden, New Delhi- 110015,within the jurisdiction of this Tribunal. 3. The Authorized Share Capital of the company is Rs. 80,00,000/- d....

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.... has brought forward the following documents about it being in operation and functional during the period of striking off: i. The copies of Audited Financial Statements of the company for the period from F. Y. 2015-16to 2017- 18. The Balance Sheet as on 31.03.2018 reflects Current Assets in form of Inventories of Rs. 31,90,000/- and Cash and cash equivalents of Rs. 1,26,517/-. Revenue from operation Rs. 67,05,344/- ii. The copy of Bank Statements of the Company in Kotak Mahindra Bank for the period 27.11.2016 to 30.08.2017 showing various transaction details of the company and reflecting closing credit balance of Rs. 56,815.27/- as on 30.08.2017. iii. The copy of Bank Statements of the Company in Punjab & Sind Bank for the period 01.1....

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....tion the provisions of Section 252(1) of the Companies Act,2013, which vests this Tribunal with a discretion where the Company, whose name has been struck off, and such Company is able to demonstrate that it is just to do so, can restore the name of the Company, in the Register and in the interest of all stakeholders, including the Appellant itself, who seeks restoration of the name of the Company in the register maintained by Registrar of Companies, the company deserve to be restored. 12. Accordingly, this appeal is allowed. The Public Notice of Registrar of Companies,striking off the name of the company,is hereby declared illegal and set aside. The restoration of the company's name to the Register of Registrar of Companies is ordered sub....