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| The Tax Publishers 2022 TaxPub(CL) 2864 (NCLT-Amaravati) COMPANIES ACT, 2013
Sections 252 & 248
Shareholder submitted copies of audited Financial Statements, Balance Sheets, Profit and Loss, which proved that company was in existence and running, failure of the company to furnish the statutory returns with the RoC was not intentional, appeal for restoration of name of the company was allowed.
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Appeal to Tribunal - Appeal for restoration of name of company - Non-filing of statutory return due to inadvertence mistake - Carrying on business or operation proved by material on record
Company failed to file its statutory return to RoC. The RoC struck off name of the company from register of companies as per section 248. Shareholder of the company filed an appeal under section 252 for restoration of name of the company on the ground that the mistake was unintentional and it was carrying on business. Held: The shareholder submitted copies of audited Financial Statements, Balance Sheets, Profit and Loss, which proved that the company was in existence and running. Material available on record indicates that the failure of the company to furnish the statutory returns with the RoC was not intentional. Thus, direction was given to the RoC for restoration of name of the company.
REFERRED :
FAVOUR : In favour of appellant
A.Y. :
IN THE NCLT, AMARAVATI BENCH
TELAPROLU RAJANI J., JUDICIAL MEMBER
Venati Kalpana v. Havin Homes Realty & Consulting Services (P) Ltd. & Ors.
CA No. 8/252/AMR/2022
30 September, 2022
Appellant by: U.K. Gayathri, Advocate
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