TaxTMI 
TaxTMI 
2023 (11) TMI 688
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....es Act, 2013, (hereinafter referred to as the `Act') against the Impugned Order dated 28.09.2021 passed by the NCLT (National Company Law Tribunal, Court - V, New Delhi) in Appeal 16/252/ND/2021. Before the NCLT, the Appeal was filed by the Directors of the Company namely Krishna Kumar Aggarwal and Chetan Aggarwal, for restoration of the name of the Company Garg Medical Solutions Private Limited in the register maintained by the Registrar of Companies (`RoC'). The registered office of the Company is situated at S-196, Shakarpur, Delhi - 110092 and the CIN No. is U241 00DL 2009 PTC1 93436. 2. The relevant facts, as reproduced in the Order of NCLT dated 28.09.2021 are reproduced below: "2. The major facts are given below : Stri....
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.... has ignored the provisions of Section 248(6) of the Act whereby the Registrar had to satisfy himself that sufficient provisions has been made for realisation of all amount due to the Company and for payment of discharge of its liability and obligations. As on 31.03.2018, the Company had unsecured Creditors totalling Rs.21 Lakhs/- reflected in its Balance Sheet. It was further submitted that on the date when the Company was struck off i.e., 08.08.2018, the due date for filing of accounts for Financial Year ending on 31.03.2018 was not over, as the filing was due in September, 2018 onwards. The Appellant claimed that it had done all the Statutory Compliance and filing of the Financial Year ending 31.03.2017. Thus, the Appellant submitted tha....
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....i & Haryana & Ors.', Comp. App. (AT) No. 218 of 2020. 5. Learned Counsel representing the Office of the Registrar of Companies NCT of Delhi and Haryana submitted that the Company - Garg Medical Solutions Pvt. Ltd. was incorporated on 21.08.2009 and the last Annual Return of Balance Sheet submitted by the Company to the office before it was considered to be struck off pertains to Financial Year ending on 31.03.2017. It was submitted that no subsequent documents have been filed by the Company to obtain the status of `Dormant Company' under Section 455 of the Act. The RoC had issued Notice in STK - 1 on 18.06.2018 and thereafter the name of the Company was struck off as per provisions of Section 248(1)(c) of the Act read with Rule 9 of the ....
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....hi and Haryana', 2019 SCC OnLine NCLAT 851, wherein restoration of the Company was considered just and equitable on the grounds that the Company is having Assets. 7. The relevant portion of the Judgement of this Tribunal dated 08.02.2023, in Comp. App. (AT) No. 165 of 2021, in the matter of `GRS Properties Private Limited' Vs. `Office of Registrar of Companies, NCT of Delhi & Haryana', is reproduced below for reference: "7. After hearing the parties, going through the pleadings made on behalf of the parties and in view of the fact that the Audited Financial Balance Sheets of the Year 2015-16, 2016-17, 2017-18, 2018-19 & 2019- 20 of the Appellant /Company shows that the Appellant/Company is having substantial movable as well as i....
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.... owns one property and has liability to repay credits of Rs.21 Lakhs/- Since the Company has substantial assets and liabilities, it cannot be said that the Company is not carrying on any business for operations. 10. Considering the facts and circumstances of this case, we find that the Order passed by the NCLT (National Company Law Tribunal, Court - V, New Delhi as well as RoC, NCT of Delhi & Haryana is not sustainable in law. 11. In view of the aforesaid, we set aside the Impugned Order dated 28.09.2021, passed by the National Company Law Tribunal Court - V, New Delhi in Appeal No. 16/252/ND/2021. The name of the Appellant Company is restored to the Register of Companies subject to the following compliances : i. Appel....