Case Law Details
Bharat Goyal Director Vs Registrar of Companies (NCLAT Delhi)
NCLAT Delhi held that struck off of name from the list of Active Companies by ROC unsustainable as Company is having substantial movable as well as immovable assets, and hence it cannot be said that the Appellant Company is not carrying on any business or operations.
Facts- The present appeal u/s 421 of the Companies Act, 2013 has been filed by the Appellant being aggrieved and dissatisfied by the order passed by the National Company Law Tribunal (Mumbai Bench) whereby and whereunder appeal filed by the Appellant for restoration of the name of the Company in the Register maintained by the Registrar of Companies (RoC), Mumbai was dismissed by the Tribunal.
The Appellant-Company was incorporated, under the Companies Act, 1956, as a Private Limited Company and was registered with the ROC Mumbai. Authorized share capital of the Company of Rs.1,00,000/- is divided into 10000 equity shares of Rs 10/- each. These shares were issued and subscribed, as per the provisions of the Companies Act, of 1965. Paid Up Capital of the Company is Rs.1,00,000/-.
The business of the Appellant company was going on smoothly and no legal omission or commission was committed by the Appellant till the year in dispute. The main Director of the Appellant Company Shri Govind Lal Ganesh Lal Govil expired on 08.12.2017. As a result, the activities of the Appellant Company came to stand still for a short period. Thereafter, the Secretary of the Appellant Company was hospitalized on 03.03.2018, because of a certain health issue and she was discharged from the hospital on 10.03.2018, due to which filing of Annual Returns for the Financial Years 2015-16 and 2016-17 was due.
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