NCLT JUDGEMENT ON SECTION 248, 248(1), 248(6), 252, 252(3), 455 OF THE NATIONAL COMPANY LAW TRIBUNAL (NCLT) (AMENDMENT) RULES, 2017 — RULE 87(A) COMPANIES ACT, 2013

 

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

Nagalingam Ravishankar, Member Of Sagittus Solutions Private Limited Vs. Registrar Of Companies, Karnataka, (2020) 07 NCLT CK 0048

NCLT allowed the application filed by the applicant, under Section 252 of the Companies Act, 2013 for restoration of the name of the struck off company. While allowing the application NCLT held that though the impugned striking off the Company was in accordance with law, the Tribunal has to take into consideration of bona fide contentions of Petitioners seeking to restore name of Company, by taking a lenient view of the issue in the interest of justice and ease of doing business, instead of rigidly interpreting the law on the issue. It is also not in dispute that the instant Company Petition is filed in accordance with law; there are no investigations pending against the Company; the Respondent has not opposed the Petition; and left the issue to Tribunal to consider the case subject terms and conditions. Therefore, we are of the considered opinion that interest of justice would be met if the name of Company is restored as prayed for.