2021 (11) TMI 480

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....jarat (Dadra & Nagar Haveli). 2. The facts, in brief, are that Company was incorporated on 28.09.2007 with CIN: U93090GJ2000PTC038447 as a Private Limited Company to carry on business of entertainment through multiplex entertainment complex with facilities of cinema, theatres, restaurants, hotels eateries, discotheques, cultural theatres, clubs etc. The Company did not file its Annual Returns and Financial statements since 2009-10 which resulted into belief on the part of Registrar of Companies (ROC) that the company was neither carrying on business nor in operation. This belief was further strengthened due to the fact that the company has not made any application for obtaining status of dormant company under Section 455 of the Companies A....

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....ement and statutory compliance would be done by the management of the company, hence, due to miscommunication between the auditor and management the Financial Statements and other returns could not filed. 6. The appellant company also stated that the name of the company was struck off by the ROC on 25.10.2017 and for striking off the name no notice was received by the appellant company. 7. One Caveator, namely, Vasantiben Sureshbhai Patel filed its reply against the restoration of the name of the appellant company and stated that the whole story alleged by the company in its appeal is not true. The company has stated in the appeal that the company having a Plot No. 11/D; area: 2183 sq. mt. is actually not in the name of the company as per....

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....er is not shown in the name of company as per the land record provided by the appellant and the appellant itself admitted that they have failed to file the Financial Statement for F.Y. 2009-10. It is also admitted that company was not in operation or carrying on business when the company was struck off by the ROC, Ahmedabad. However, there is a Special Civil Application No. 12082 of 2021 is pending before the Hon'ble High Court of Gujarat wherein the appellant company is party to the said application. Hence, without restoration of the name of the company the pending matter cannot be pursued by the company. We are of the view that apprehension shown by the Caveator that the restoration of the name of the company may lead to undue advanta....