2020 (12) TMI 1337

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....r Appellant: Priyank Kukreja, CS, Abhishek Rohilla, CS and M. Yadhubhushana Rao, AROC and Zehra Khan, Advocate ORDER L.N. Gupta, Member (T) 1. This Appeal has been preferred by M/s. Subh Laxmi Colonizers Private Limited (hereinafter referred as 'Appellant Company'), invoking the provision of Section 252(1) of the Companies Act, 2013 for restoration of the name of the Appellant Com....

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....016. The RoC initiated proceedings under Section 248 of the Companies Act, 2013 and finally, struck off the name of the Appellant Company from its register vide its Notice No. ROC/DEL/248(5)/STK-7/4865 dated 08.08.2018. The name of the Appellant Company is appearing at serial no. 20892 of the list of companies, whose names were sought to be struck off due to default in Statutory compliances. 5.....

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....no response received from the State Government. 8. That the Appellant Company has placed on record the copies of the Financial Statements for the period from 2015-16 to 2018-19 and Bank Statements from 05.04.2014 to depict that the company was in operation. 9. That the RoC and Income Tax Department did not file their report despite opportunities. 10. After hearing submissions of the Appel....

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....tantial business. Further, the dispute between the Appellant Company with a third party cannot be a ground for non-filing of Balance Sheets or Annual Income Tax Returns. 12. That further, despite being in the business of real estate, the Appellant Company has failed to place or show any document relating to ownership of any fixed asset or project under development, which could justify the need ....