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TMI Blog2020 (8) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... yed filing of returns but have paid additional Fee of ₹ 73,800 also e-form ADT-1 was filed on 01.10.2018 with additional fee of ₹ 3,600/- for the delay caused. Hence, ROC notice dated 03.11.2018 to the company to file its statutory returns for financial year 2017-18 shows that the name of the company was still existing in the records of ROC even after the removal of name of the company. The Appellant is in operation as they are entering into MOU s. The Directors are professionals and to develop an I.T platforms also takes considerable time; it is supplementing Make in India programme. No doubt, Company s business volume is too law but attempting to enter USA Market through MOU is a good sign. All this reflects that the Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Private Limited was incorporated under the Companies Act, 1956 on 22.02.2011 vide CIN: U72900CH2011PTC032760, as a Private company limited by shares and the same is registered with the office of Registrar of Companies, Punjab Chandigarh. The applicant company has its registered office address HNO. 3380; Sector 15D, Chandigarh-160015. The company is carrying on the business of development of software and main object of the company are as under: I. To Develop, create, innovative, software program /technologies and futuristic system/solution to Tweak (fine-tune) the way and to constantly conceptualize and design products/solution using futuristic technologies/innovations etc . 3. The Applicant Company is a closely held company and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Appellant is that the Appellant Company commenced its business and operation since the date of the incorporation of the company and company is continuing to carry out its business and operation till date and the Respondent i.e. Registrar of Company has not given any prior notice to the Appellant Company, ordered to publish the information regarding the removal of name of the Appellant Company from the register of companies w.e.f 11th September, 2018 in official Gazette dated 15.09.2018 on the ground that that the Appellant Company had not filled the statutory documents with the Respondent i.e. Registrar of Companies and the Appellant Company had not filed its financial statements and Annual returns for period from 2014-15, 2015-16-, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peration before the striking off the name of the Appellant company i.e. before 11.09.2018. 8. It is also submitted by the Appellant that the Respondent i.e. Registrar of Companies ordered to struck off the name of the Appellant Company from the Register of Companies w.e.f 11th September, 2018, whereas, the name of the Appellant Company was still retained in the records by the office of the respondent i.e. registrar of companies even after publication of the said notification and the same is evident from the fact that the Appellant company made filing of the pending statutory returns on 25.09.2018 and the Respondent i.e. Registrar of Companies issued notice dated 03.11.2018 to the Appellant Company to file its statutory return for the fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the appellant company had not been struck off from the register of companies. d) Set aside the notification published by the Respondents for striking off the name of the company to the extent the same is applicable to the appellant company e) Pass any other or further order or direction, which the Hon ble Appellate tribunal may deems fit and proper in the facts and circumstances of the case in the interest of justice 13. It is submitted by the Respondent i.e. Registrar of Companies that the main issue raised by Hon ble NCLT in its order dated 05.09.2019 is that the Appellant Company failed to show that on date of striking of the name of the company, whether it was carrying on business or operation or not. The conclusion d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 (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 register 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 pers ..... X X X X Extracts X X X X X X X X Extracts X X X X
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