9911796707
TMI Blog2019 (8) TMI 879X X X X Extracts X X X X X X X X Extracts X X X X ..... investment in properties in the initial period itself which is continuing. It is also pertinent to mention that investment in such properties is of a significant value and in case the Company is struck off, it may cause irreparable loss and disposal of such properties may be legally difficult - we do not find any merit in the contention of the appellant that they came to know the status of the Company being struck off only when statements were being submitted online as ROC has clearly mentioned that the Company and Directors were made aware of the action being taken by ROC under Section 248 of the Companies Act, 2013. The ROC, Kolkata is directed to restore the original status of the Applicant Company namely M/s. Jindal Nirman Private L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, subscribed and paid-up Equity Share capital of the Company is ₹ 16,22,500/- (Rupees Sixteen Lakhs Twenty Two Thousand Five Hundred only) divided into 1,62,250 (One Lakh Sixty Two Thousand Two Hundred Fifty) Equity Shares of ₹ 10/-(Rupees Ten only). The accounts of the Company have been audited up to the period ended 31.03.2018. Copies of the said audited Annual Accounts for the Financial Year ended 31.03.2012 to 31.03.2018 are annexed hereto and collectively marked as Annexure A-2 . 3. The Company was formed with the object of carrying on business of real estate in all its variation as per Clause III (A) of the Memorandum of Association. 4. The company comprised of 6 shareholders and h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y was not carrying out any operation. The ROC has further stated that if the company's name is restored then suitable directions be given to the appellant company to comply with all statutory requirements along with additional fee as applicable after restoration of the name of the company. It has also been stated that in case the Company fails again to comply then ROC may be entitled to strike off the name of the Company again without giving any further notice to the Company. 10. Heard the Ld. Counsel for the applicant, ROC and have perused the records. 11. The basic facts have already been stated earlier, hence, not repeated again for the sake of brevity. 12. The Financial Status based upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 124,837,195 18353 2600 7. 2017-18 121,708,227 121,708,227 19514 1102 13. The Company has got unsecured long term and short term loans which have been invested in the real estate properties and shares since beginning and the same status, more or less, has continued till 31 st March, 2018. 14. The company has also provided us the copy of bank statement as Annexure A-7 and Copies of Income Tax Return marked as Annexure6. 15. The above facts lead us to a conclusion that the Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E; activating DIN No. of the Director, applicant, etc. b) The Applicant company is directed to file all pending statutory document (s) including Financial Statements and Annual Returns for the Financial Years 2011-12, 2012-13, 2013-14, 2014-15, 2015-16, 2016-17 and 2017-18 along with prescribed fees / additional fee / fine as decided by ROC within 30 days from the date on which its name is restored on the Register of Companies by the ROC. c) The Company's representative, who has filed the application is directed to personally ensure compliance of this order. d) The restoration of the Company's name is also subject to the payment of ₹ 1,75,000/- (Rupees one lakh seventy-five thousa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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