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TMI Blog2020 (11) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... erations and has got capital liabilities as well as assets in its balance sheet. Company has already substantial revenue of ₹ 33.64 Crores and ₹ 14.58 Crores in the year 31.03.2018 and 31.03.2017 respectively. The revenue is increased in yearly basis. Thus, the name of the company needs to be restored in the Register of Companies maintained by ROC, (Dadra Nagar Haveli), Gujarat from the date of its striking off - However, for non-compliance of provisions of Companies Act, 2013 relating to filing of statutory returns without plausible explanation, even after having substantial operations, suitable cost needs to be imposed. Application allowed. - Co. Appeal 201/252(3)/NCLT/AHM/2019 - - - Dated:- 4-8-2020 - M. B. Gosavi , ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any was always in operation and carrying on business. It was also contended that notice u/s 248(1) of the Companies Act, 2013 had not been served on the Company and its Directors. However, on a query, it was admitted that notice in Form STK-5 was published both in newspaper as well as Official Gazette as required u/s. 248(4) of the Companies Act, 2013. The Learned Counsel, thereafter, drew our attention to the Financial Statements for the year 31.03.2017 to 31.03.2018 to show that company was having liabilities of surplus profit as well as assets which clearly showed that it was carrying on business and in operation. However, no plausible reason could be given for non-filing of statutory returns as per the provisions of the Companies Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er: ORDER (i) The Registrar of Companies (Dadra Nagar Haveli) Gujarat, the respondent herein, is ordered to restore the original status of the Applicant Company as if the name of the Company has not been struck off from the Register of Companies with resultant and consequential actions like changing status of Company from 'struck off to Active. (ii) The Applicant Company is directed to file all pending statutory document(s) including Annual Accounts and Annual returns for the financial years in default along with prescribed fees/additional fee/fine as decided by ROC within 45 days from the date on which its name is restored on the Register of Companies by the RoC; (iii) The Company's representative, who has filed the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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