2025 (3) TMI 1356

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....which is set out below: "H. Direct the Respondent no. 1 and 2 herein to change back the status of the Respondent no. 3 Company from ''Active" to "Struck-off" as the same was finally approved by the Respondent no. 2 on 11.01.2016 (notice u/s 560 (5)) on an application of FTE filed by the Petitioner no. 1;" 2. The principal grievance of the Petitioners is that the Petitioners' company i.e. Ambe Organic Food Products Pvt. Ltd. [hereinafter referred to as 'the Company'] was revived after being struck off without following the due process and in contravention of provisions of Section 560 (5) of the Companies Act, 1956 [hereinafter referred to as '1956 Act'] which is pari materia to proviso of Section 248 of the Companies Act, 2013 [he....

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....e Petitioners submits that once a company has been struck off, its revival can only be done in accordance with the provisions of the Act. Reliance is placed on the second proviso to Section 252 of the 2013 Act to submit that in certain circumstances, a Company may be restored by Respondent No. 2, however, the circumstances are that the Company has either inadvertently or on the basis of supplying incorrect information been struck off. Learned Counsel submits that the Petitioners had applied for striking off or removal of the name of the Company from the Register of Companies, so that there was no question of any inadvertent striking off the Company. It is further contended by the learned Counsel for the Petitioners that once the name of the....

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....of the 2013 Act which while discussing Appeals sets out that in the event the name of a company has been struck off from the Register of Companies either inadvertently or on the basis of incorrect information furnished by the company or its directors, and such Company requires restoration in the Company; Register, the Registrar of Companies (Respondent No. 2) is to take appropriate steps before the National Company Law Tribunal [hereinafter referred to as "NCLT"] in this behalf. It apposite to extract second proviso to Section 252 of the 2013 Act is set out below: "252. Appeal to Tribunal.-(1) Any person aggrieved by an order of the Registrar, notifying a company as dissolved under section 248, may file an appeal to the Tribunal within a ....