2021 (6) TMI 239

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....f strike off carried out by the Respondent namely, the Registrar of Companies, Chennai under Section 248 of the Companies Act, 2013. The present Application has been filed by the Applicant seeking thereof to restore the name of the Company in the Register maintained by the Respondent/RoC. 2. The Company was incorporated on 24.07.2012, bearing CIN: U45208TN2012PTC086910 having its registered office at No. 56, Halls Road, Egmore, Chennai 600 008. The main object of the Company is to perform civil constructions, flat promotions, real estate and infrastructure developments. The details of the main object are set out in the Memorandum of Association (MoA) which is filed along with the typed set of documents. 3. The Company has not filed it....

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....es have been signed by the Applicant and the Application is also accompanied by an Affidavit verifying the Application. Hence the objection as raised by the Respondent in this regard is not maintainable. 6. The notice of this Application/Appeal has been served to the jurisdictional Income Tax Office and to that effect a Proof of service has also been filed on 02.02.2021. Despite notice there was no representation on behalf of the Income Tax Department. 7. We have considered the plea of the Applicant Company and the Respondent/RoC as well. The Applicant is seeking restoration of its name in the register as maintained by RoC by relying up on the ground that the Applicant Company as of date is carrying on the business for which it was in....

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....013 which vests this Tribunal with a discretion where the Company whose name has been struck off and such Company is able to demonstrate that there is a running business as on the date when the name was struck off and also keeping in consideration that it is just to do so can restore the name of the Company in the register and in the interest of all the stakeholders including members of the Company, its employees as well as the revenue and the Applicant itself who seeks restoration of the name of the Company in the register being maintained by RoC and in the above said circumstances the Application is allowed subject to the following directions namely: 10. The Company shall: "(i) Within a period of 15 days from the restoration o....