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TMI Blog2019 (4) TMI 1091X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanies, Hyderabad to restore the name of the Company in the Register of Companies and to pass such order as deemed fit in the circumstances of the case. 2. The averments made in the Company Application are briefly hereunder:- (a) M/S BRAN ETECHNOLOGIES PRIVATE LIMITED was incorporated under the Companies Act, 1956 on 08th September 2011 bearing CIN: U51909TG2011PTC076409, as a Private Company Limited by Shares with the Registrar of Companies, Hyderabad, Telangana, having its Registered office situated at: 517, RKS Apartments, Hyderguda, Hyderabad, Telangana - 500 029, India. (b) The authorised share capital of the Company is Rs. (Rupees Two Crores Only) divided into equity shares of Rs. 10/- (Rupees Ten Each) and the Issued, Subscribe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany have been apprised of the non-compliance by the Bankers. The present Directors are unable to file the tax returns as MCA portal continues to reflect the email address of the Previous Director. (g) It is averred neither the present Directors nor the Company received any show cause notice as such the Company was not provided an opportunity to explain or show cause for its failure to file the Statutory Returns and statements. (h) It is also averred the Bankers of Buildstone General Trading LLP in which the Applicant is one of the Directors informed that unless the DIN of the present Directors is made active, they would not be in a position to provide any financing facility. (i) The Applicant further avers that the Company for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here was no deposit of extra money during demonetization of Rs. 500/- & Rs. 1,000/- other than those permitted by RBI. (q) The Applicant has enclosed the following documents giving justification that the Company has been operational as under:- (i) Copy of the Certificate of Incorporation of the Company. (ii) Copy of the audited financial statements of the Company along with the Auditor's report for the years 2012-13, 2013-2014, 2014-2015, 2015-2016, 2016- 2017 and 2017-18. (iii) Copy of the e-mail from the Income-tax Department dated 25.01.2019 3. The Counsel for the Applicant stated that the Company has filed the Application within the limits laid down under Section 252 (3) of the Companies Act, 2013. 4. The Registrar of Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost of the proceedings in favour of ROC and direct the Company to pay the cost through online payment in wuw.mca.gov.in. 5. Section 252 (3) stipulates that "Section 252(3): If a Company, or any member or creditor or workman thereof 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 workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section(S) of section 248 may, if satisfied that the company was, at the time ofits 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 register of companies, ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies Act, 2013, this Tribunal is of the view that the Company was in existence and it is a going concern and name of Company to be restored in the Register of Companies as maintained by ROC. 9. By exercising the powers conferred on this Tribunal under Section 252 of the Companies Act, 2013, and Rule 87-A of NCLT (Amendment) rules 2017, R/w NCLT Rules, 2016, the Company application bearing CA No. 79/252/HDB/2019 is disposed of with the following directions: 1) The Registrar of Companies, the respondent herein, is ordered to restore the original status of the Company as if the name of the company has not been struck off from the Register of Companies and take all consequential actions like change of company's status from 'stri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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