2023 (5) TMI 142

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....Jain ] Member ( Judicial ) And [ Mrs. Shreesha Merla ] Member ( Technical ) For the Appellant : Mr. C. S. Kiran , Mr. G. Gautham Ram Vittal , Advocates For the Respondent : None ORDER ( Virtual Mode ) [ Per : Justice Rakesh Kumar Jain ( MJ ) ] This Appeal has been filed by the Corporate Debtor against the Order dated 22.03.2023, by which, the National Company Law Tribunal, Divisi....

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....der Section 252(3) of the Companies Act, 2013 (hereinafter referred to as 'The Act') bearing CA/952/2019 before the Tribunal against the Order of the Registrar of Companies ('RoC') for seeking Restoration of name of the Company (Corporate Debtor) to the Register maintained by the RoC. The said Application was allowed on 02.03.2021 and as such, the Corporate Debtor got the status of a Company havin....

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....2019 but since the Application filed by the Operational Creditor under Section 252(3) of the Act was pending, therefore, it was justified for not filing the Application at that time. As regard the filing of the Appeal against the Order dated 29.01.2019 is concerned, the Operational Creditor filed the Application under Section 252(3) of the Act. 5. In this Appeal, Counsel for the Appellant has r....

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....ication under Section 252(3) was filed by the Operational Creditor for the Restoration of the name of the Corporate Debtor Company to the Register maintained by the RoC and the said Application was allowed on 02.03.2021. 8. Thereafter, the Application has rightly been filed for the purpose of revival of the main Petition filed under Section 9 because the eclipse caused because of the fact that ....