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TMI Blog2020 (6) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... would be just and proper to order restoration of the name of the Company in the Register of Companies - application allowed. - CA/26/KOB/2020 - - - Dated:- 25-6-2020 - Ashok Kumar Borah, Member (J) ORDER Ashok Kumar Borah, Member (J) This Company Appeal No. CA/26/KOB/2020 has been filed Under Section 252(1) (3) of the Companies Act, 2013, (hereinafter called as the 'Act'), by M/S. METRO KURIES AND LOANS PRIVATE LIMITED represented by its Director/Promoter Mr. P.I. Stanley, seeking a direction to the Registrar of Companies, Kochi (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 compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quired under Section 92 and 134 of the Act, 2013 consecutively for a period of two years immediately preceding the Financial Year 2018-2019, by which the Respondent assumed that the Appellant Company was not carrying on any business or in operation during the relevant period and was generating income as evident from the financial statements for the years beginning from 2016-2017 to 2018-2019. The Learned Counsel further submitted that the omission on the part of Board of Directors in filing the statutory returns with the Respondent is neither wilful nor deliberate but on account of an inadvertent omission. Hence, the respondent herein struck off the name of the company from the Register of Companies due to default in statutory compliances. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Annual Returns for the years 2015, 2016, 2017 and 2018. ROC stated that the subject company has violated the provisions of Sections 92/137 of the Companies Act, 2013. ROC also stated that as per provisions of Section 248 read with relevant rules, notice had been issued to the company and one of its directors on 12.07.2019 giving 30 days' notice period. However, no response received from them. It is also stated that due process has been meticulously followed for strike off action of the Company. 6. Circumstances being above, the ROC submitted that the action of striking off 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 statut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Southern Region, Chennai and payment of proof be handed over to Registrar of Companies, Kerala within three weeks of receipt of this order, while submitting the documents, failing which the order will lapse. iii. If the Directors are disqualified, then the DIN are not allowed to be reactivated as they are disqualified. However, Registrar of Companies, Kochi is directed to allow for filing of the Annual Returns and Financial Statements by the company to restore the name of the company. iv The Company's representative, who has filed the Company Appeal, is directed to personally ensure compliance of this order. v. On such delivery and after duly complying with the above directions, the Registrar of Companies, Kochi is directed to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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