9911796707
TMI Blog2020 (10) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... by its Director, Mr. Navin Kumar Singhal [DIN: 06987330], under section 252(3) of the Companies Act, 2013 praying for restoration of the name of the company to the Register of Companies maintained by the Registrar of Companies, Mumbai. 3. The Petitioner submits that the company was incorporated on 28.03.2001 under the Companies Act, 1956 as a private company limited by shares with the Registrar of Companies, Maharashtra, Mumbai. Its CIN is U51399MH2001PTC131396. The Petitioner company has been incorporated to carry on the following objects: "To commence and carry on in India and/or, abroad, the industry, trade or business to act as eligible Export House to transact the business of Export House, Indenting/Import House and generally to ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Company submits that the Company has been functioning upto Financial Year 2002-03. It could not file the statutory returns for the Financial Year ended 2003-04 onwards. In 2008, when the RoC filing records were migrated to the MCA21 system, the records of the petitioner company were not scanned and uploaded. Even the names of the directors were not reflected on the MCA21 system, as a result of which the returns could not be uploaded. 8. The Petitioner Company further submits that on 11.02.2017, it had raised an online request under SRN 429233 (sic) to the RoC for restoring the name of the directors in the Company Master Data so that the filings could be carried out. The status of the SRN still shows "in progress." The Petitioner Company fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... F.Y. 2015-16 and 2016-17. The Balance Sheet, therefore, does not reveal that the Petitioner Company is doing any business. 13. However, the Petitioner Company holds tangible assets in the form of land admeasuring an extent of 3610 sq ft in Mira Road, Thane, which was acquired at a value of Rs. 3,87,320/- on 31.08.2007. The Company has placed on record a copy of the 7/12 register extract in support of its contention, at Annexure-3 to the Petition. 14. Possession of an asset such as land will fall within the meaning of the expression "just" used in section 252(3) of the Companies Act, 2013. The land in question is located in Mira Road, within the Mumbai Metropolitan Region. The property of the Petitioner Company would be rendered bona vacan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lying with the terms mentioned above, the Registrar of Companies, Maharashtra, Mumbai, shall issue appropriate communications to the bank authorities for defreezing the accounts of the Petitioner Company. 17. We have also taken note of the fact that the Petitioner Company has been diligently pursuing the matter with the respondent RoC to get the names of directors uploaded in the MCA21 database to enable the filing of returns, and this has been pending for a long time. This averment has not been specifically controverted by the RoC in his report. Even before receipt of notice, the Petitioner Company has approached the RoC for this purpose. Therefore, prima facie, there is cause to believe that the Petitioner Company could not file its retu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
