TaxTMI 
TaxTMI 
2025 (3) TMI 1637
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....tition (MB) No. 372 of 2021 was dismissed and modification sought for was never allowed. 2. The Learned Counsel for the Appellant filed a petition bearing No. C.P. No. 372/2021 under Section 252(3) of the Companies Act, 2013 of the following prayer: "...... (c) If sufficient provision has not been made, for an order to Respondent No. 1 to now make sufficient provision for discharge of Respondent No. 2's debts, including but not limited to restoring Respondent No. 2 to the register of members and/or liquidating its assets and/or calling upon Respondent Nos. 3-5's undertaking to ensure repayment of Respondent No. 2's debts to the Petitioner." (Emphasis supplied) 3. The Registrar of Companies viz. Respondent No. 1 herein had ....
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....ould be just and proper to order restoration of the name of the Petitioner Company in the Register of Companies maintained by the RoC. 4. Accordingly, this Petition is Allowed and the restoration of the Petitioner Company's name, i.e., ATA Freight Line (India) Private Limited in the Register of Companies maintained by the RoC, is hereby ordered, with a direction that the Company shall comply with the Provisions of the Act. Consequentially thereupon the Bank Account/s, if freezed, shall get defreezed which, can be operated by the Petitioner Company. No cost is being imposed as the Petition has been filed by the Creditor to the Company. 5. This Petition is disposed of on the terms directed above. The RoC shall give effec....
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....es Pvt. Ltd., which it to be restored and not the Petitioner. b) Modify the order dated 22 March 2022 by also directing the 1st Respondent to disclose as to what provisions were made by it under section 248(6) for protecting the interests of Respondent no.2's creditors before striking off Respondent no.2's name from the register of companies. The Petitioner filed the main Company Petition 372 of 2021 claiming the following reliefs:- (A) Respondent no. 1, the Registrar of Companies, Mumbai be directed to disclose as to what provisions have been made by it under section 248(6) for protecting the interests of Respondent no.2's creditors before striking off Respondent no.2's name from the registrar of ....
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....dification of the order dated 22nd March 2022 for restoration of M/s Sun Clearing and Forwarding Services Private Limited. As sated above no specific prayer was sought by the Petitioner for restoration of the name of M/s Sun Clearing and Forwarding Services Private Limited in the main Company Petition except the above reliefs mentioned above. The-above IA is filed by the Petitioner only taking advantage of the inadvertent error in the order passed by this Tribunal. Under these circumstances this Tribunal is of the opinion that there are no merits in the above application and the same is liable to be rejected. Accordingly, the above IA is dismissed." 7. It is the submission of the Learned Counsel for the Appellant that r....