2021 (9) TMI 385

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....iking off the name of the Appellant's Company, passed by the Respondent with effect from 29.10.2019 under the provisions of Section 248 of the Companies Act, 2013. Learned counsel for the Appellant represents that the Appellant Company was incorporated under the provisions of Companies Act, 1956 and has its registered office at No. 7, CSC-4, Sector-5, Rohini, North West Delhi- 110085. 2. The appellant submitted that the Company is engaged in the business of "To license, Grant rights, Contract or otherwise others to engage in the forgoing activities and to engage and marketing in areas to engage in all kind general Market research Development Production and Marketing in areas related to or involving aforesaid activities and to carry on ....

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....nvisaged under Section 248 of the Companies Act, 2013. However, the Appellant is seeking restoration of its Company's name in the register as maintained by RoC, relying on the ground that the Appellant's Company, as of date, is in active business and has been preparing all its financial statements and in the circumstances, it is just that the name of the Company should be restored on the register of RoC, as maintained by the Respondent. In order to sustain the said plea, the Appellant has placed before us the following documents: i. Copies of Audit Report, Balance Sheets, Profit and Loss Account for the financial Years 2015-16, 2016-17, 2017-18 and 2018-19. 6. A perusal of the documents referred to in the paragraph above, reflect....

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....ration of a Company whose name has been struck off from the Register of Companies, if such company, any member or creditor or workman thereof feeling aggrieved by such striking off applies before the Tribunal seeking restoration of the struck off company to the Register of Companies before the expiry of twenty years from the publication in Official Gazette of notice under Section 248(5). The exercise of such power is properly regulated and depends upon satisfaction of the Tribunal that the Company at the time of its name being struck off was carrying on business or in operation or otherwise it is 'just' that the name of company be restored. We do not find ourselves persuaded to agree with the proposition canvassed by learned counsel....