2022 (1) TMI 671

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.... of strike off carried out by the Respondent namely, the Registrar of Companies, Chennai under Section 248 of the Companies Act, 2013. The present Petition has been filed by the Petitioner seeking thereof to restore the name of the Company M/s. Ezhil Blue Metals Private Limited. 2. The Company was incorporated on 30.11.2012, bearing CIN: U14290TN2012PTC088720 having its registered office at 3/3, Arihant Rajabhavan, 81, Thiru Vi Ka Road, Rayapettah, Chennai -600014. 3. The main object of the Company is briefly stated hereunder: a. To purchase, hold, acquire, mine mining lease, mining rights, mining claims, and metal ferrous lands and to explore, search, work, exercise, develop, treat, fine and turn to account ores,...metals an....

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....d by the Respondent/RoC on the grounds that the Company is active and carrying on its business for the purpose of which it was incorporated. 6. It is further averred in the Petition that the Company has received proposal of stone cutting business at Thirunelveli. The Company, though a the view to carry out mining business could not proceed with the mining activities due to delay in approval process even though the lease agreement for the land to be prospected has already been entered into. 7. The Petitioner avers that the approval of restoration of the Company will enable carrying out the business which would also result in employment to over 100 persons in the district near Ettayapuram. 8. Upon notice, the Respondent/RoC has filed....

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....been awarded quarrying rights from the collector of Tuticorin towards prospecting of stones and sand. The same document also conveys that the Company has got clearance from State level Environment Impact Authority Tami Nadu dated 17.06.2021. 10. A perusal of the aforesaid document shows that the Company has been active for the period of two years preceding the date of strike off and carrying on its business for the purpose of which it was incorporated. 11. Thus, taking into consideration the provisions of Section 252(3) 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 there is a running business as on the date when the n....