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TMI Blog2019 (2) TMI 1884X X X X Extracts X X X X X X X X Extracts X X X X ..... eeking to direct the Respondent Registrar of Companies, Karnataka, Bangalore to restore the name of the Company namely M/s. Connect Infrastructure & Projects Private Limited on the Register of Companies maintained by the Respondent in terms of Section 252(3) of the Companies Act. 2. Brief facts of the case, as mentioned in the Company Petition, which are relevant to the issue in question, are as follows: (1) M/s. Connect Infrastructure & Projects Private Limited ('thereinafter referred to as Applicant/Petitioner Company') is a Private Limited Company incorporated under the Companies Act, 1956 on 27.02.2008 with the ROC, Karnataka bearing CIN No. U45200KA2008PTC045422 and is having its registered office at No. 274, V.R. Manor, Nex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r development and Commercial exploitation of the said land owned by the Petitioner Company. (3) It is further stated that the Shareholders of the Petitioner Company assigned the responsibility of filing the annual returns and the audited financial statements of the Petitioner Company with the Respondent to the Accountant of the Petitioner Company and Accountant failed to discharge his duty and quit from the Petitioner Company abruptly without handing over the charge held by him with the Petitioner Company and without filing the annual returns and audited financial statement with the Respondent. The shareholders of the Petitioner Company were unaware of the said failure of the Accountant to file the said documents with the Respondent, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany has not been carrying on any business or operations for two immediately preceding financial years nor has filed application u/s 455 of the Companies Act, 2013 and that the Respondent proposes to strike off the name of the Company from the Register of Companies as per Section 248 of the said Act, unless a cause is shown to the contrary within 30 days from the date of receipt of the STK-1 notices. Since no cause was shown either to the physical notices or to the website, Gazette and newspaper notices either by the Company or its Directors, and also since no Balance Sheet or Annual Return was filed by the Petitioner Company till the day on which the list of defaulting companies were crystalized, the Respondent proceeded to strike off th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carefully perused the pleadings of the Parties and extant provisions of the Companies Act, 2013 and the Rules made there under. 5. It is not in dispute that the Registrar of Companies has taken impugned action in accordance with law, issued appropriate show cause notice. However, the Petitioner Company failed to avail the opportunity given by the Respondent resulting in striking off name of the Company by publishing notice in STK-7 in the Official Gazette on 24.08.2019 w.e.f 09.08.2019. The Learned Counsel for the Petitioner submitted that he is not disputing the action taken by the ROC but submits that due to absence of Accountant of the Company without proper intimation, without handing over the charge held by him resulted in non-compli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is restored on the Register of Companies by the Registrar of Companies; (3) The Company's representative, who has filed the Company Petition, is directed to personally ensure compliance of this order; (4) The restoration of the Company's name is also subject to the payment of cost of Rs. 20,000/- (Rupees Twenty Thousand Only) to be paid online to the account of Central Government in favour of the Pay & Accounts Officer, Ministry of Corporate Affairs, Southern Region, Chennai, within three weeks from the date of receipt of this order, failing which the order will lapse. The Petitioner is permitted to deliver a certified copy of this order to the Registrar of Companies; (5) On such delivery and after duly complying with above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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