2020 (10) TMI 1178

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....d (for brevity the 'Company') throughits director, 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 company was incorporated as a Private Limited Company with the Registrar of Companies, NCT of Delhi and Haryana under the Companies Act, 1956 on 25.05.2011with CIN U32201DL2011PTC219833,having its registered office situated at 7645, Clock Tower, G.T. Karnal Road New Delhi- 110007,within the jurisdiction of this Tribunal. 3. The Authorized Share Capit....

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....its Financial Statements and Annual Returns from the Financial Year 2014-15 to 2017-18, thereby giving rise to the surmise that the business of the company was not in operation. Consequently, the name of the company was struck off in terms of provisions of Section 248 of the Companies Act, 2013 read with Rule 7 and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. 7. The Appellant 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. 2014-15 to 2016-17. The Balance Sheet as on 31.03.2017 reflects Assets in form of Tangible Asse....

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.... Companies and the Section 252(1) further contemplates that one of the above three conditions are required to be satisfied before exercising jurisdiction to restore the company to its original name on the register of the Registrar of Companies. 11. The Appellant has submitted sufficient evidence that it has been in operation during the period preceding strike off, therefore it could not be termed as a defunct company as per section 252 of the Act. Thus, taking into consideration 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 t....