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Judgment
Heard Mr. Rahul Parasrampuria, Ld. PCS who has appeared on behalf of the Appellant/major shareholder of the Company which was struck off by order dated 12.07.2017 by the Registrar of Company while exercising power under Section 248 (5) of the Companies Act, 2013.
The present appeal has been preferred under Section 421 of the Companies Act, 2013 against an order dated 09.11.2021. By the said order while dismissing the appeal filed under Section 252 (3) of the Companies Act, 2013, Ld. NCLT has also recorded some adverse comment against Mr. Rahul Parasrampuria, Ld. PCS. On examination of the impugned order it is evident that earlier also an appeal was filed for restoration of the same company which was struck off on 12.07.2017, vide Petition No. 239/CB/2020 which stood dismissed on 28.12.2020. On examination of the impugned order it is evident that Ld. NCLT was primarily dissatisfied with the approach of filing of the second appeal for restoration of the same company and also had noticed regarding none disclosure of the earlier petition.
On examination of the impugned order we do not find any ground to interfere with the impugned order particularly regarding the prayer for restoration of the company. However, we are of the opinion that for just decision in the matter it would be appropriate to record that any adverse comment or remark recorded against the Company Secretary/Counsel/authorized representative may not be taken note at any subsequent stage.
With above observation, the appeal stands disposed of.
This order is passed in the presence of Mr. Syed Abdul Haseeb, Ld. Counsel for ROC/Respondent.