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Judgment
This Appeal has been filed by Directors of the Company named `Balbir Motors Pvt. Ltd.' (the Company) invoking the provisions of Section 252 of the Companies Act, 2013 (the Act) for restoration of the name of the Company in the Register maintained by the Registrar of Companies (RoC).
The Major facts are given below:
Date Struck off
08.08.2018 (Pg 3 of RoC reply)
Audited Profit and Loss Account
Revenue from Operations was Rs 1.8 lakh (Pg 48)during
FY 2014-15,Rs 2.48 lakh during FY 2015-16, Rs 2.64 lakh
during 2016-17.
RoC, in its reply dated 15.01.2021, has not raised any objection. During the previous hearing on 07.09.21, none appeared on behalf of IT Dept and last opportunity was given to IT Dept to file their report by 27.09.21 but IT Dept did not file its report within the given time. Hearing was concluded on 28.09.21 and order was reserved. The appellant isdirected to pay all dues 0111 .vept.
In view of the fact that the Company has revenue from operations during 2014-15 to 2016-17 showing intention to carry on business, the Appeal to restore the name of the Company to the Register of RoC is allowed u/s 252 of the Act subject to payment of costs of Rs 25,000 to the Prime Minister Relief Fund along with Rs 50,000 to the Ministry of Corporate Affairs. Accordingly, the order of RoC dated 08.08.18 to strike off the name of the Company from the Register is hereby set aside. The restoration of the name of the Company in the Register will be subject to the Company's filing all outstanding documents for the defaulting years as required by law and completion of all formalities, including payment of any late fee or other charges. The name of the Company shall then stand restored in the Register of RoC, as if its name had not been struck off
The direction for freezing the Bank Account(s) of the Company, if on this ground, shall consequently be also set aside immediately to enable the Company to carry out its business operation. Compliance of this order for restoration shall be made by the RoC with all its consequential effects within one week of compliance by the Company.
Let the copy of the order be served to the parties.