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2020 (11) TMI 327

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..... DC as stated in pre-paras. The Company has also produced various approval letters from the authorities, Lease Deed with MIDC to satisfy the Bench that the Company is carrying on its business operations. The Bench is of the opinion that the Company is taking various steps towards the commencement of its production - the books of the Petitioner Company reflects that Members intend to continue its business operations of the company. Therefore, in the interest of justice the name of the company deserves to be restored in the Register of Companies maintained by the Respondent Registrar of Companies Petition allowed. - CP No. 981/252 (3)/MB/C-II/2020 - - - Dated:- 6-11-2020 - Hon ble Member ( Judicial ) : Mr. H. P. Chaturvedi And Hon b .....

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..... submits that the Respondent failed to send the notices required under section 248(1). The Petitioner submits that the Petitioners were trying to file the Annual Returns and Financial Statements with the Registrar of Companies, the Petitioner were unable to file the forms. The Petitioners checked the Master data of the Company which showed the status as struck-off. The Petitioners submits that with the Professional help the Petitioners came to know that the Registrar of Companies, Mumbai vide public notice under section 248 (5), published the name of the Petitioner Company in the Official Gazette on 12.09.2018. 5. The Petitioner submits that the Petitioner Company did not receive any show cause notice from the Respondent nor any opportuni .....

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..... Mahad MIDC, by paying the various charges including fees of ₹ 11,80,000/- vide registered deed dated 05.05.2015. (the Lease Agreement is attached as Annexure -09 to the Petition). The Company has also applied for NOC for Power supply and have got the approval from Maharashtra Industrial Development Corporation vide its approval no. IFMS No./MHD/A51439/of 2020 dated 06/02/2020 for supply of power up to 10 KWH in favour of Company at Plot no. K-2/3/2/2 in Addl. Mahad Industrial Area. (MSEDCL). (the Approval Letter is attached as Annexure-10 to the Petition). The Company has also obtained water supply approval of 15mm dia. From MIDC vide its letter no. DE/MHD/K-2/3/2/2 A50069 dated 05.02.2020. 11. The Petitioner Company has also enclo .....

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..... the dissolution order was published on the website of the Ministry vide STK-7 on 12.09.2018. 13. Upon perusal of the audited accounts submitted by the Petitioner Company, it is observed that the Petitioner Company has Short term borrowings of ₹ 1,170, 034/-, has fixed Assets of ₹ 12,38,464/-, for the Financial Year 2017-2018 and 2016-2017. 14. The Company has Fixed Assets (Land) valued of ₹ 12,38,464/- in its Balance Sheet. The Company had taken on lease the premises at MAHAD MIDC, got NOC from MIDC for power supply and also obtained approval for water supply from MIDC as stated in pre-paras. The Company has also produced various approval letters from the authorities, Lease Deed with MIDC to satisfy the Bench that t .....

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