NCLT JUDGEMENT ON SECTION 164, 248, 252, 252(3) OF THE COMPANIES ACT, 2013 AND SECTION 560(6) OF THE COMPANIES ACT, 1956

 

NAME		MOBILE NO.	E-MAIL I’D
RANJEET KUMAR		8383098478, 9667769795	rk@courtkutchehry.com
JAI THAKUR		8130703334, 9355723300	jai.thakur@courtkutchehry.com
RAJEEV RANJAN		9334553249	rajiv.ranjan@courtkutchehry.com
ASHOK MISHRA		9718327746	sales@courtkutchehry.com
RAVI KUMAR			ravi.singh@courtkutchehry.com

Moh. Iqbal, Hartford Academy Of Insurance And Anr Vs. Registrar Of Companies, (2020) 07 NCLT CK 0025

NCLT allowed the application filed by the applicant, under Section 252(3) of the Companies Act, 2013 for restoration of the name of the struck off company. While allowing the application NCLT held that in view of the submissions of the Appellant and the observations made by the Hon'ble High Court of Gauhati it is just and expedient to direct the Company's restoration. The action of RoC is founded merely on grounds of non-filing of the statutory returns. The Act itself provides for redressal of these defaults. A step as stringent as what has been taken at least requires an opportunity to the Appellant to take remedial measures. Merely to disallow restoration on grounds of its failure to file annual returns would neither be just nor equitable."