2022 (12) TMI 665

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....13, has been filed by the Appellants being aggrieved and dissatisfied by the order dated 21.12.2020 passed by the National Company Law Tribunal (New Delhi, Special Bench, Court-II) in Appeal 389/252/(ND)/2020 whereby and whereunder appeal filed by the Appellant Company for restoration of the name of the Appellant Company in the Register maintained by the Registrar of Companies (RoC), NCT of Delhi and Haryana was dismissed by the Tribunal. 2. The facts giving rise to this Appeal are as follows: i) The Appellant Company is a private limited Company was incorporated under the Companies Act, 1956 on 22.02.2002 and is involved in the field of power Generation and Related business having its office at New Delhi. The Appellant Company is hav....

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.... of its incorporation. The latest audited financial statements for immediate three preceding Financial Year ending 31.03.2015, 31.03.2016, 31.03.2017 are also annexed as Annexure-E of the Appeal Paper Book. iv) The Respondent No. 1 struck off the name of the Appellant Company from the registrar of companies due to default in statutory compliance and failure to file return since 31.03.2013. The Respondent 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-7/2879 dated 30th June 2017 and vide serial no. 14919 of the list of companies, whose name were sought to be struck off due to default in Statutory Compliance....

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....e time of alleged Strike Off by the Respondent No. 1/Registrar of Companies. The Ld. Counsel for the Appellants relied on several judgments passed by this Tribunal wherein this Tribunal directed the restoration of the Appellant Company in the Register maintained by the RoC, which are hereunder: * Khetan Granite Private Limited Vs. Office of Registrar of Companies, Jharkhand, MANU/NL/0017/2020. * Culcutta Rubbar Factory Pvt. Ltd. and Ors. Vs. V Registrar of Companies, Delhi and Haryana, MANU/NL/0602/2019. * Insuflex Ind Private Ltd. Vs. Registrar of Companies, Maharashtra and Ors., MANU/NL/0622/2019. * Basant Kumar Berlia and Ors. V Registrar of Companies, West Bengal Nizam Palace and Ors., MANU/NL/0031/20....

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....standing (in Rs.) 1. 2013-14 860/- 2. 2017-18 39,260/- 3. 2019-20 1000/- Further, the assessee company has filed its ITR up to assessment year 2020-21 and as per record, no such income tax proceedings are pending as on date in Ward, however, proceeding may be pending before the faceless assessment unit which cannot be ascertained by the Income Tax Office. The Income Tax Department has no objection with regard to restoration of M/s Poorvanchal Urja Pvt. Ltd. which has been struck off by the Registrar of Companies. 6. After hearing the parties, going through the pleadings made on behalf of the parties and in view of the fact that the Financial Statements for the year 2014-15, 2015-16, 2016-17 and Income Tax Re....