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TMI Blog2018 (11) TMI 1406X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant under Section 252(3) of the Companies Act, 2013 has been rejected with the following observations : "Counsel for Applicant present. Counsel for RoC present and he has filed the objections. The same is taken on record. The Applicant Company has been incorporated during 2012. Thereafter, Annual Returns and Balance Sheets have not been filed till date. The RoC has struck off the name of the Company under section 248(5) of the Companies Act, 2013 from the Register of companies for non-compliance with the provisions of the Companies Act, 2013 vide Notification dated 15th - 21st July, 2017. Counsel for the Applicant has submitted that the Company is a small Company. But, there is no proof that the Company is carrying on any busines ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Registrar of Companies has power to remove the name of a company from the Register of the Companies for the reasons mentioned in Section 248 of the Companies Act, 2013, which reads as follows : "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 [or]; (b) ******* (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 of the company from the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any shall stand dissolved. (6) The Registrar, before passing an order under sub-section (5), shall satisfy himself that sufficient provision has been made for the realisation of all amount due to the company and for the payment or discharge of its liabilities and obligations by the company within a reasonable time and, if necessary, obtain necessary undertakings from the managing director, director or other persons in charge of the management of the company: Provided that notwithstanding the undertakings referred to in this sub-section, the assets of the company shall be made available for the payment or discharge of all its liabilities and obligations even after the date of the order removing the name of the company from the register ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned order. 7. On hearing the learned counsel for the appellant and on perusal of the record and going through the relevant provisions of Section 252 and 248, we are of the view that the Tribunal has failed to decide as to what is the specific violation committed by the company for removing its name from the Register in terms of Section 248 of the Companies Act. For the reasons aforesaid, we have no other option but to set aside the order. The impugned order is accordingly set aside. The matter is remitted to the Tribunal to reconsider the case taking into consideration of the provisions of Section 248 and sub-section (3) of Section 252 of the Companies Act as also all the relevant evidence filed by the appellant in its support. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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