9911796707
TMI Blog2019 (5) TMI 1533X X X X Extracts X X X X X X X X Extracts X X X X ..... anies - the Company has been able to show that it was carrying on business or in operation at the time of its name being struck off from the register of companies - In the submissions made on behalf of the ROC, no objection to the restoration of the name of the Company, has been raised. The ingredients provided for in Section 252(3) of the Act, are satisfied. The name of the company to be restored in the Register of Companies, subject to deposit of ₹60,000/- as costs with the Pay and Accounts Officer, Ministry of Corporate Affairs within a period of three weeks from the receipt of certified copy of this order - petition allowed. - CP No.52/Chd/Pb/2019 - - - Dated:- 10-5-2019 - MR. M. K. SHRAWAT, MEMBER (JUDICIAL) AND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... um and Articles of Association are a part of the record. The main objects of the Company are as under:- To carry on the business of manufacturing, fabricating, assembling and dealers in auto parts, auto and auto mobile parts, agricultural implements of all kinds and descriptions, automotive and other gears, shafts, axles, joints, spring leaves, head beams, component parts, P.V.C auto parts, spare parts other engineering items, accessories and fitting of all kinds for the said articles and things used in connection with the manufacture thereof and other related items for motor cars, motor trucks, buses, tractors, vans, jeeps, lorries, motor vehicles, aero planes, sea planes, motor cycles, scooters, three-wheelers, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any shall file all outstanding statutory documents. 8. The ROC has filed the report vide Diary No.2235 dated 02.05.2019. It is stated that the Company had not filed its financial statements since financial year ended on 31.03.2013 due to which the ROC had reasonable cause to believe that the Company was inactive and in terms of provisions of Section 248(5) of the Act, read with Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, the name of the Company was struck off from the Register of Companies, vide notice STK-7 dated 11.09.2018. It has been prayed that the Company may be directed to prove that it was carrying on business or was in operation and that it is just that the nam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies 12. The present petition is filed by the Company and is within the period of 20 years from publication in the Official Gazette of notice under Section 248(5) of the Act. Therefore, the only issue requiring consideration is whether 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ( 50,355) 30.11.2014 2015-16 ( 10206) 30.09.2015 2016-17 45,553 17.10.2016 2017-18 63,672 07.11.2017 2018-19 1,92,701 31.10.2018 The returns for four assessment years are shown to be filed before 11.09.2018, which is the date of striking off the name of the Company from the Register of Companies. 15. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee for filing the Balance Sheets and Annual Returns up to date with the applicable fee and the additional fee as prescribed in the Rules; d) The company shall deposit the costs of ₹60,000/- with the Pay and Accounts Officer of Ministry of Corporate Affairs within three weeks from the date of receipt of certified copy of this order; e) The company shall file pending financial statements and Annual Returns with the Registrar of Companies and comply with the requirements of the Companies Act, 2013 and rules made thereunder within one month of the notification of restoration of the company s name in the Register of Companies; f) The Registrar of Companies will be at liberty to pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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