LAWS(NCLT)-2018-2-58

CROPECO EXIM PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES

Decided On February 05, 2018
CROPECO EXIM PRIVATE LIMITED Appellant
V/S
REGISTRAR OF COMPANIES Respondents

JUDGEMENT

(1.) This is an appeal filed by M/s. Cropeco Exim Private Limited Company, represented by Mr. Manish Maiti, a Shareholder who is holding 5000 (50%) shares in the company under Section 252 of the Companies Act, 2013, by inter-alia seeking to direct the Respondent to restore the Company which was struck off, by the Registrar of Companies; and to permit it to carry on the normal business etc.

(2.) Brief facts, leading to filing of the present Company Appeal, are as follows:

(3.) The appellant further contends that due to inordinate delay in replying to the notice of the respondent, ROC under sub-section (1) of 248 of the Companies Act, 2013 had already removed the name of the appellant and when the removal brought to the notice the representative of the appellant went to file the statutory documents as per the requirement of the Act and produced the documents requesting to change the status of the company from the site so that the statutory compliance can be made as per the requirement of the Act. But the respondent did not accept audited account as the company name has been struck off.