2020 (12) TMI 158

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....s Private Limited under Section 252(1) 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(1)/STK-7/6217 dated on 29.10.2019 by 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 02.04.2012 with CIN U74900 DL2012 PTC233888, having its registered office situated at 1489/13, Ground Floor, Govindpuri, Kalkaji, New Delhi DL- 110019, within the jurisdiction of this Tribunal. 3. The Authorized Share Capital of the company....

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....ing 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. 2016-17, 2017-18 and 2018-2019. The Balance Sheet as on 31.03.2019 reflects Assets in form of Tangible Assets of Rs. 42,365.10, Current Assets in form of Cash and Cash Equivalents of Rs. Appeal No. 186/2....

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....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 Appeal No. 186/252/ND/2020 (Sarita Vishwakarma) Page | 8 Company is able to demonstrate that it is just to do so, can restore the name of the Company, in the Regist....