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TMI Blog2020 (9) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... register of companies it would suffer financially and may go out of business. We are satisfied that the name of the Company should be restored in the Register of Companies. The Appeal be and the same is allowed in part without contest. The prayer for restoration is allowed. The prayer to direct the Ministry of Corporate Affairs (MCA), Government of India (GoI) to remove the name of the Directors from the list of disqualified Directors is refused. - CP No. 3011/252/MB/2018 - - - Dated:- 21-8-2020 - Hon ble Janab Mohammed Ajmal , Member ( Judicial ) And Hon ble Shri V. Nallasenapathy , Member ( Technical ) For the Appellant : Ms. Vaishali Bhat , PCS For the Respondent ( RoC ) : None ORDER Per : V. Nallasenapathy, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. The Company also could not respond to the notices of the Respondent and the same was unintentional. The Respondent issued the public notice in Form No. STK-5 on 18.05.2017 proposing to remove the name of the Company from the register of companies. The Respondent in the absence of any reply or show cause struck off the name of the Company and removed it from the register of companies vide order dated 28.07.2017 by publishing a notice in Form No. STK-7. 5. It is contended by the Appellant that failure to file Annual Returns and Financial Statements was an inadvertent mistake and was neither intentional nor deliberate. The Appellant has accordingly sought restoration of the name of the Company in the register of companies maintained by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Company such as the date of incorporation, CIN number and address of the registered office are mentioned. While submitting the above facts the Respondent has stated that it had no mala fide intention to remove the name of the Company from the register of companies. However, the Company was in default for non-compliance of provisions of the Act and was therefore liable for action u/s 248 of the Act. 11. We have heard the Professional appearing for the Appellant and perused the records. The materials available on record indicate that the failure of the Company to furnish the statutory returns with the Respondent was not intentional. The promoters of the Company as well as the Appellant are keen to carry on and perform the objects of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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