2021 (5) TMI 779

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....he 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-7/2879 dated on 30.06.2017 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 09.09.2011 with CIN U01400DL2011PTC224856, having its registered office at Unit No. 11, CSC, Pocket D, Market Sarita Vihar, New Delhi, South Delhi-110076, within the jurisdiction of this Tribunal. 3. The Authorized Share Capital of the company is Rs. 1,00,000/- divided into 10,000 equity shares of Rs. 10/- each. The issued, subscri....

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....16. 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. 2013 onwards. The Balance Sheet as on 31.03.2016 and 31.03.2017 reflects the Investment to the tune of Rs. 63,47,417/-. ii. The Copy of Sale Deed executed on 03.10.2011 in favour of M/s. Panchtatva Agrofarms Pvt. Ltd. as purchaser for agricultural land situated at Village- Nangli Nangla, Pargana Dedri, Tehsil and District Gautam Budh Nagar, for agriculture land Khata No. 31, Khet No. 175/3 area admeasuring 0.4598 hectare out of total area admeasuring 3-3-0 Pukhta i.e., 0.7970 hectare for a sum of Rs. 40,00,00....

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....y evidence to prove that company was in operation during "strike off". But we are satisfied that "just" ground to consider revival of the company, as the company owns plot of agricultural land. Unless, the company is revived, the utilization of plot of agricultural land for fulfilling main objects of the company and to run the business cannot be possible. 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 the Register and in the interest of all stakeholders, including the Appellant itself, who seeks re....