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TMI Blog2020 (10) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... direction to the Registrar of Companies, Kochi (hereinafter called as the 'ROC') to restore the name of the Company in the Register of Companies, maintained by the Registrar of Companies, Kochi, for the State of Kerala and Lakshadweep. The appellant company was incorporated on 16.06.1994 under the Companies Act, 1956. The Corporate Identification Number (CIN) of the Company is U70101KL1994PTC007978 having its Registered Office at 'The Monarch', P.T. Usha Road, Cochin, Ernakulam, Kerala- 682 011. 2. As per the Memorandum of Association, the main business of the Appellant Company is: "To conduct real estate business and to carry on the business of building, constructing, selling, leasing, letting on hire or otherwise disposing of residenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant company, the learned counsel referred to the following decisions: i. Manoj Kumar Agarwal V. Registrar of Companies, West Bengal, 2017 SCC OnLine NCLT 1441. ii. Mohit Parikh V. Registrar of companies, west Bengal, 2017 SCC OnLine NCLT 1705. 7. The ROC, who is Respondent herein, has filed a Report dated 27.08.2020 stating that the Ministry of Corporate Affairs vide communication dated 16.04.2018 had instructed all Regional Directors and Registrars of Companies to take strike off action against companies which have failed to file Financial Statements or Annual Returns as per Chapter XVIII of the Companies Act, 2013 and have not filed application under Section 455(1) of the Companies Act, 2013 for making them as 'Dormant'. 8. It is fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rectors of the Company for not discharging their statutory duties in filing the statutory returns within the due date stipulated under the Companies Act and also for not responding to the several periodical notices within the notice periods. Therefore, the action of strike off of the name of company is fully substantiated within the authority under the provisions of Section 248 of the Act and deserves the protection of this Tribunal. 10. I have heard the arguments advanced by the learned counsel for the appellant through video conferencing and had gone through the report dated 27.08.2020 submitted by Registrar of Companies in the instant appeal. I have also gone through the latest Balance Sheets and Financial Statements of the Company for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowing order: - I. The Registrar of Companies, the respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the company has not been struck off from the Register of Companies and take all consequential actions like change of company's status from 'Strike off' to Active (for e-filing) and to intimate the bankers about restoration of the name of the company so as to defreeze its accounts. II. It is further observed that by virtue of this order of restoration of name of Company in the register it will not entitle the Directors of the Company whose name in case have been disqualified by virtue of provisions of section 164 of the Companies Act, 2013 by the Respondent/RoC automatically to be rest ..... X X X X Extracts X X X X X X X X Extracts X X X X
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