TaxTMI 
TaxTMI 
2021 (5) TMI 347
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....f failure in filing Financial Statements & Annual Return since 2005. Being aggrieved with the action of the ROC, the appellant being Member of the company filed the instant appeal for restoration of the name of the Company. 2. It is stated by the appellant that the company was incorporated on 30.08.2005 and registered with the Registrar of Companies, Gwalior, MP in the name M/s. Day Today Needs Pvt. Ltd., having its registered office at-214, Bansi Trade Centre, 581/5, MG Road, Indore-452001. 3. That, the Authorized Share Capital of the Company is Rs. 1,00,000/- divided into 10,000 Equity Shares of Rs. 10/- each and Issued, Subscribed & Paid Up Capital of the Company is Rs. 1,00,000/- divided into 10,000 Equity Shares of Rs. 10/- each. 4.....
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....on, hence, the ROC has struck off the name of the Company in its suo moto action. 8. Heard the Appellant and seen the documents as well as representation of the ROC. 9. The learned PCS for the Appellant, Mr. Vinit Nagar submitted that the Company is required to be restored only to dispose off the immovable properties and thereafter the Company shall go for voluntary liquidation. 10. On perusal of the record it is found that the Company is Struck Off 09.06.2017 and the instant appeal is filed on 12.10.2020, which beyond stipulated time as per Section 252(1) of the Companies Act, 2013 i.e. 3 years. 11. It is pertinent to mention herein that the Hon'ble Supreme Court has extended the period of limitation, who's limitation is gettin....
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....view of the order so passed by the Hon'ble Supreme Court on 23.03.2020, the Principal Bench with the approval of the Hon'ble President, NCLT has also issued a circular on 24.03.2020, which read as under: With regard to Limitation, it is clear that the order dated 23.03.2020 passed by Hon'ble Supreme Court in suo motu WP-03/2020 is binding on everyone in India, for further clarification, it is hereby clarified that the litigant public with regard to the matters falling within jurisdiction of NCLT shall abide by the aforesaid orders of Hon'ble Supreme Court of India. This issues with approval of Hon'ble acting President, NCLT. 12. The above said fact is reiterated by Hon'ble Supreme Court in its order dated 17.12.....