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TMI Blog2018 (1) TMI 432X X X X Extracts X X X X X X X X Extracts X X X X ..... is running without any interruption. In terms of section 248(6) of Act as extracted supra, the above consequences are required to be looked into while passing final order under section 248(5) of the Act. It is no doubt that the Company, on its part, is under statutory obligation to comply with all extant provisions Companies Act, 2013. The Company is now satisfactorily explained to Tribunal the reasons for the delay in non-filing statutory returns in question and expressed its willingness to file them along with payment of prescribed fee. Thus as satisfied that the applicant Company has filed the present application within prescribed time under law, and also shown sufficient reasons to order Restoration of its name in the Register of companies maintained by the Registrar of Companies. Therefore, the Company application deserves to be allowed, however, subject to filing all pending returns, Annual returns, Balance sheets, statements etc., along with prescribed and addl. fee under law. And also subject to giving undertaking that they would not resort to such type of violations in future. - CA NO. 275/252/HDB/2017 - - - Dated:- 29-12-2017 - MR. RAJESWARA RAO VITTANALA, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etings under the Companies Act, 2013 and accordingly, the Annual General Meetings for all the Financial years 2013-14, 2014-15 and 2015-2016 were duly convened and held, and the Financial statements duly adopted by the members. (f) The Board of Directors were under the impression, that all the returns were filed. When the Applicant Company was trying to file the pending Annual Returns, financial statements and other related documents for the financial years 2013-14 to 2015-16 with the RoC, it came to know that MCA system did not permit the same, and then it was realised that the name of the Company was struck off by the Respondent. On enquiry, it is known that the RoC vide notice No. ROC (H)/248(5)/STK-7/2017 dated 21.07.2017 read with the grounds as mentioned in public Notice No. ROC/Hyderabad/STK-1/Revised, dated 05.05.2017, with reference to letter of RoC in Form STK-1, has struck off the Applicant Company, from the Register of Companies. The notices dated 05.05.2017 and 21.07.2017 were placed in the MCA portal and contained list of many companies, and the name of the Applicant Company is also in the said list. 3. Heard Shri D.V.K. Phanindra, Learned PCS, and Shri R.C. Mis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ff companies, it is necessary to advert to relevant provisions in Companies Act, 2013. And the relevant provisions are sections 248 and 252 of The Companies Act 2013. Chapter XVIII deals with Removal of Companies from the Registrar of Companies. Power of Registrar to remove name of company from register of companies 248 (1) Where the Registrar has reasonable cause to believe that- (a) a company has failed to commence its business within one year of its incorporation; (b) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay within a period of one hundred and eighty days from the date of incorporation of a company and a declaration under sub-section (1) of section 11 to this effect has not been filed within one hundred and eighty days of its incorporation; or (c) a company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under section 455, he shall send a notice to the company and all the directors of the company, of his intention to remove the name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of passing of the order of dissolving the companies under section 248, file an application before the tribunal seeking restoration of name of such company (2) A copy of the order passed by the Tribunal shall be filed by the company with the registrar within 30 days from the date of the order and on receipt of the order the Registrar shall cause the name of the company to be restored in the register of companies and shall issue a fresh certificate of incorporation (3) If a company or any member or creditor or workmen feels aggrieved by the company having its name struck off from the Register of companies, the Tribunal on an application made by the company, member, creditor or workmen before the expiry of 20 years from the publication in the official Gazette of the notice under sub-section (5) of section 248 may if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the Registrar of companies, order the name of the company to be restored to the Registrar of companies, the Tribunal may, by the order, give other such directions and make such prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s carrying on business even by time of impugned action, and it has suitably explained the reasons for not filing required documents with Registrar of Companies, which ultimately leads to impugned action. 10. The Ministry of corporate affairs has issued a notification dated 26 December 2016 framing the rules under section 248 known as companies (Removal of names from the ROC) Rules 2016 Rule 3 (2) and (3) are relevant to the present case, which is extracted below for ready reference: 3(2): for the purpose of sub rule (1) The Registrar shall give a notice in writing in the form of STK-1 which shall be sent to all the Directors of the company at the addresses available on record by registered post with acknowledgement due or by speed post 3(3): The notice shall contain the reasons on which the name of the company is to be removed from the Register of companies and shall seek representations, if any against the proposed action from the company and its directors along with the copies of the relevant documents if any, within a period of 30 days from the date of notice Manner of Publication of Notice: The rule 7 is read as to manner of publication of notice:-( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8(6) of Act as extracted supra, the above consequences are required to be looked into while passing final order under section 248(5) of the Act. It is no doubt that the Company, on its part, is under statutory obligation to comply with all extant provisions Companies Act, 2013. The Company is now satisfactorily explained to Tribunal the reasons for the delay in non-filing statutory returns in question and expressed its willingness to file them along with payment of prescribed fee. As stated supra, the Learned ROC also did not oppose the application but it can be considered subject to compliance of statutory provisions and undertaking etc. 13. In light of aforesaid facts and circumstances of case and the extant of provisions of the companies Act 2013 and rules hereunder, I am satisfied that the applicant Company has filed the present application within prescribed time under law, and also shown sufficient reasons to order Restoration of its name in the Register of companies maintained by the Registrar of Companies. Therefore, the Company application deserves to be allowed, however, subject to filing all pending returns, Annual returns, Balance sheets, statements etc., along wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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