TaxTMI 
TaxTMI 
2021 (7) TMI 1117
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....3 aggrieved against the order of strike off carried out by the Respondent namely, the Registrar of Companies, Coimbatore 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 Applicant has filed MA/1029/2020 seeking for urgent listing of CA/188/2020 and for the reasons stated in the said application, MA/1029/2020 stands allowed. 3. The Company was incorporated on 24.03.2006, bearing CIN: U90002TZ2006PLC012684 having its registered office at No. 4/182, Shervarayanpalayam, Kadayampatti Post, Bhavani Taluk, Erode District 638 302, Tamil Nadu. The main object of the Company is to manuf....
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.... raised by the respondent. 7. The notice of this Application has been served to the jurisdictional Income Tax Office and to that effect a report of the Income Tax Officer, Ward-2(1), Erode in its letter No. AAKCS2457A/ITO/WARD-2(1)/Erode/20-21 dated 02.12.2020 has also been filed, which is on the record of this Tribunal. 8. 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 incorporated and it is in operation and in the circumstances, it is just that the name of the Company should be restored on the Register....
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....ved by the Supreme Court that the word "just" denotes equitability, fairness and reasonableness having a large peripheral field. In understanding its scope, one must take into account all the facts and circumstances of the case and then decide what would be just and equitable. In M.A. Rahim and Anr. vs. Sayari Bai: (AIR 1973 Mad. 83) it was held by a Division Bench of the Madras High Court that the word "just" connotes reasonableness and something conforming to rectitude and justice, something equitable and fair. In Sidhant Garg and Anr. vs. Registrar of Companies & Ors.: (2012) 171 Comp. Cas. 326 it was held by this Court (Manmohan, J.) that the word "just" would mean that it is fair and prudent from a commercial point of view to restore t....
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....ell as additional fee/late charges. (ii) That the Company out of its funds, set apart a sum of Rs. 2,00,000/- (Rupees Two Lakhs Only) and deposit the same with the Respondent/RoC which amount shall be for the purposes of payment of all fees/charges as contemplated in clause (i) above as well as to defray the cost and expenses of Register of Companies incurred in striking off, within a period of one month from the date of this order. In case of any amount payable in excess of the sum specified towards defraying the cost incurred by the Respondent/ROC and towards other amounts as are required to be paid by the Company statutorily, the same shall be remitted by the Company. Any excess amount left after appropriating for all the above ....