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TMI Blog2020 (9) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner company and its directors for cheating, criminal breach of trust, fraud and misappropriation of funds - On 23.05.2018, the Petitioner Company addressed a letter to Janta Land Promoters Private Limited, the company entrusted with the construction of the school on the allotted site, requesting for an update on the status of construction. A letter dated 23.08.2018 has been placed on record, wherein Janta Land Promoters Private Limited, the allotters of the site, have requested the Petitioner Company to pay the remaining sum immediately so that the possession of the site can be delivered. It is observed that the Petitioner Company has invested ₹ 6,75,00,000/- (Rupees six crore and seventy-five lakh only) for allotment of a Scho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Company Law Tribunal Rules, 2016 praying for restoration of the name in the Register maintained by the Registrar of Companies, Maharashtra, Pune (RoC). 2. The Petitioner submits that the company was incorporated on 15.03.2012 having CIN U70200PN2012PTC142587 under the Companies Act, 1956 inter alia to carry out the following objects: To carry on business as builders, constructors, brokers, traders and valuers of immovable properties of all kinds and for that purpose to acquire land, flats, premises, shops, houses, apartments, buildings, factories, plots and all other kinds of immovable properties for colonization, construction and development. 3. The Company has failed to file its Financial Statements and Documents since it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d acknowledging the receipt of payment of ₹ 6,75,00,000 (Rupees six crore and seventy-five lakh only). 7. The Respondent RoC filed his Affidavit in reply on 10.01.2020 explaining the following sequence of events leading to the striking of the name of the Company: (a) The Respondent issued Notice in Form STK-1 to the company and its directors informing the intention of the RoC to strike off the name of the Company and requesting them to submit a cause contrary to the said action within thirty days. (b) Further, as required under rule 7 of the Companies (Removal of Name) Rules, the name of the Company was published on the website maintained by the Ministry vide STK-5 and issued notices not only to the Company and the Directors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Synergyone Infradevelopers Private Limited. Following disputes, Synergyone Infradevelopers Private Limited filed a complaint with the police authorities, who registered a First Information Report (FIR) against the petitioner company and its directors for cheating, criminal breach of trust, fraud and misappropriation of funds. 11. On 23.05.2018, the Petitioner Company addressed a letter to Janta Land Promoters Private Limited, the company entrusted with the construction of the school on the allotted site, requesting for an update on the status of construction. A letter dated 23.08.2018 has been placed on record, wherein Janta Land Promoters Private Limited, the allotters of the site, have requested the Petitioner Company to pay the rema ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view that in the interest of justice, the name of the petitioner company deserves to be restored in the Register of Companies maintained by the Respondent RoC. ORDER A. Company Petition (IB) No. 3954/252(3)/C-IV /(MB)/2019 filed by the Petitioner, Skyrise Infracon Private Limited [CIN: U70200PN2012PTC142587] through its Director Mr. Trivikram Singh Toor [DIN: 02498444] seeking restoration of the Petitioner Company s name to the Register of Companies maintained by the RoC, Maharashtra, Pune, is allowed with the following terms: - (a) is directed to restore the name of Skyrise Infracon Private Limited [CIN: U70200PN2012PTC142587] to the Register of Companies subject to payment of a sum of ₹ 1,00,000/- (Rupees One Lakh Only) as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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