TaxTMI 
TaxTMI 
2023 (5) TMI 201
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....eved and dissatisfied by the order dated 05.10.2020 passed by the National Company Law Tribunal (New Delhi, Bench- II) in Appeal No. 549/252(ND)/2019 whereby and whereunder appeal filed by the Appellant for restoration of the name of the 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, M/s Choice Automobiles Private Limited was incorporated on 05.05.2000 with its registered office at 32-B, Pocket-F, Mayur Vihar Phase, Delhi-110091 having CIN No. U50300DL2000PTC105551. The Appellant Company is involved in the business of automobiles and as per the main objects as mentioned in its M....
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.... the Appellant filed appeal against the order of Registrar of Companies for restoration of name of the Company under Section 252 of the Companies Act, 2013 and after hearing both the parties, the Tribunal passed the order impugned dated 05.10.2020 which led to filing of this Appeal. 3. The Ld. Counsel for the Appellant during the course of argument and in his written submissions submitted that the impugned order completely ignores the provision of Section 252(2) of the Companies Act, 2013 which prescribes 3 (Three) conditions which are required to be satisfied before exercising jurisdiction for restoration by Tribunal: a) the company was, at the time of its name being struck off, carrying on business or b) in operation or c) otherwis....
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....cified in Section 252(3) of the Companies Act, 2013 in the interest of justice. The other way the restoration of the company ought to have been allowed on the ground that the company is in operation as it is paying electricity bills at the time of struck off of the company. 6. It is further submitted that Respondent No. 1 has made wrong observation on the basis of order made by the Tribunal dated 05.10.2020 in relation to fact that the company have no immovable property in its name which is totally false and unjustified because the company has enclosed property paper with the appeal filed before NCLT under Section 252 of the Act which is enclosed at pate 114 to 131 of the appeal before this Tribunal. Further, the NCLT in para 6 of the impu....
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....d non-receipt of any objection from the company/directors, Dissolution in form STK-7 having effect from 08.08.2018 was published on the website of Ministry of Corporate Affairs on 08.08.2018. The Balance Sheets annexed by the Appellants for the Financial Year from 2015-16 to 2017-18 indicate 'nil' revenue generations from its operations. 9. After hearing the parties and going through the pleadings made on behalf of the parties, we observe that the Company has Commercial Property bearing Plot No. B-235, Sector 16, Noida which was allotted by New Okhla Industrial Development Authority (NOIDA) for the purpose of Auto Parts Shop Repair Workshop & Motor Garage and the Company was paying electricity bill regularly from July, 2017 to September, 2....