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TMI Blog2020 (10) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies and take all consequential actions like change of company s status from Strike off to Active (for e-filing) - Name restored - application allowed. - CA/62/KOB/2020 - - - Dated:- 12-10-2020 - Hon ble Mr. Ashok Kumar Borah, Member (Judicial) For the Appellant : Mr.Gokul R.I, PCS For the Respondent : No appearance ORDER This Company Appeal No. CA/62/KOB/2020 has been filed under Section 252(1) of the Companies Act, 2013, (hereinafter called as the Act ), by M/S. SREEDURGA KURIES (PULLUR) PRIVATE LIMITED (hereinafter called as the Appellant Company),represented by its Managing Director and Shareholder Shri Sri.Satheesh Pallikkara Balakrishnan, seeking a direction to the Registrar of Companies, Kochi (hereinaf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The appellant stated that the Directors of the Company are very particular in complying with the statutory formalities, and entrusted an employee to ensure the due filings under the Companies Act 2013. But the employee of the Company so entrusted left the Company in between without handing over the appropriate records. Hence, the Company failed to file the audited financials etc. The appellant further stated that the Company intends to file the pending annual filings and ensure its full compliance as per the guidance of this Bench, and the Company is also ready and willing to abide by any condition insisted by this Bench on receipt of Restoration Order and prayed for a direction to ROC for restoring the name of the Company in the Regi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication in the Form STK- 5A was made in English Malayalam dailies on 10.08.2019. Finally, the Company was struck off on 19.10.2019 under Section 248(5) of the Companies Act and the same was published in Form STK -7 in the official Gazette dated 26.10.2019. 6. Circumstances being above, the ROC submitted that the action of striking off of the name of the Company was triggered due to negligence and lack of due diligence on the part of the directors 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 f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies. 9. Having satisfied with the reasons as mentioned in the appeal and in the light of above cited provisions of Companies Act, 2013, this Tribunal is of the opinion that it would be just and equitable to order restoration of the name of the Company in the Register of Companies and consider shareholder to be the member of the company to file this appeal. Hence this Tribunal pass the following 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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