2021 (5) TMI 614
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.... 'Company'), 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 notification no. ROC/DELHI/248(5)/STK-7/4865 dated on 08.08.2018 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 27.05.2008 with CIN U74120DL2008PTC178652, having its registered office at C-16 (Basement) Malviya Nagar, New Delhi- 110017, within the jurisdiction of this Tribunal. 3. The Authorized Share Capital of the company is Rs. 1....
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....d from F. Y. 2015 onwards. The Balance Sheet as on 31.03.2018 reflects Income from Operations as nil, but Income from Operations as on 31.03.2017 is Rs. 1,37,500/-. ii. The Copy of cash flow statement for the year ending 31.03.2017 reflecting Cash and Cash Equivalents from financial activity of Rs. 43,09,608/- and the same for the year ending on 31.03.2018 is Rs. 12,23,657/-. This statement is filed pursuant to Clause 32 of the Listing Agreement with stock exchange. iii. The Copies of Bank Statements of the company in IDBI Bank as mentioned by appellant, for the period 03.04.2017 to 31.03.2018 showing various transaction details of the company and reflecting closing credit balance of Rs. 2,90,149.55 as on 31.03.2018. ....
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....h 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 subject to its filing of all outstanding documents with proper f....
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