2022 (11) TMI 761

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....JUDGMENT Justice Anant Bijay Singh ; The present Appeal under Section 421(1) of the Companies Act, 2013 filed by the Appellant being aggrieved and dissatisfied by the order dated 15.10.2019 passed by the National Company Law Tribunal, Kolkata Bench, Kolkata in Appeal No. 729/KB/2019 whereby and whereunder the appeal filed by the Appellant herein for restoration of the name of the Company in the Register of Companies, West Bengal was dismissed. 2. The facts giving rise to this Appeal are as follows: i) The Appellant herein is a shareholder of a company being MPH Infrastructure Pvt. Ltd., a company limited by shares, incorporated under the provisions of the Companies Act, 1956 having its registered office at Kolkata-700094. The au....

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....9, inter alia, seeking resolution of the name of the company on the Register of Companies maintained by the Registrar of Companies, West Bengal, praying for direction upon the Respondent to restore the name of the company and to file and/or register with the Respondent and to rectify the Master Data by modifying the status from striking off to active. After hearing the parties, the Tribunal passed the impugned order which led to filing of this Appeal. 3. The Ld. Counsel for the Appellant during the course of argument and in his memo of Appeal along with written submissions submitted that the company was incorporated in 2012 with specific object to, inter alia, carry on the business of real estate and development and construction work, as....

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....incorporation for the last 8 years. 6. It is further submitted that it is an evident from the records that the Company has not filed its balance sheets and annual returns since incorporation with the office of the Respondent. As per provision of Section 252 of the Companies Act, 2013, a struck off company can be restored only on the direction of the NCLT within a period of twenty years from the publication in the official Gazette of the notice. In this regard, it is submitted that in terms of the said provisions, the NCLT while passing an order for restoration it is to be satisfied that the company is carrying on business or in operation. 7. It is further submitted that as per available records maintained by the office of the Registra....