9911796707
TMI Blog2020 (12) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... a dormant Company U/ s. 455. However, Section 248(6) states that the Registrar of Companies, before finally striking off Company, has to satisfy himself that sufficient provision has been made for the realization of all amounts due to the Company and for the payment or discharge of its liabilities and obligations by the Company within a reasonable time, and, if necessary, obtain necessary undertakings from the Managing Director, Director or other persons in charge of the management of the Company. Though the impugned striking off the Company was in accordance with law, the Tribunal has to take into consideration of bona fide contentions of Petitioner seeking to restore name of Company, by taking a lenient view of the issue in the interest o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 2013. 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. Anytime Medicare Services Private Limited (hereinafter referred to as 'the Company') is a Company incorporated on 27th March 2012 under the Companies Act, 1956 with CIN:U85100KA2012PTC063243 and having its registered office situated at #301, 6th Main, ST Bed Layout, Koramangala, Bengaluru - 560 034. Its Authorized Share Capital is 50,00,000/-(Rupees fifty Lakh Only) divided into 5,00,000/- Equity Shares of 10 each and issued, subscribed and paid-up capital of the Company is ₹ 10,01,410/divided into 1,01,410 equity shares of ₹ 10/- each. The main objects of the Company i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Company and was maintaining current account with HDFC Bank, JP Nagar Branch, Bengaluru and Federal Bank, Indirangar Branch, Bengaluru. During the FY 2018-19, the Company earned operational revenues amounting to ₹ 1,35,43,200/- as reflected in P L Account and is also having outstanding liabilities of ₹ 1,77,77,006/- as per the latest balance sheet as on 31.03.2019. The Company received another notice from ROC, Karnataka inform STK -7 dated 23.10.2019 stating that the name of the Company been struck-off from the Register of the Companies and the Company has been dissolved. (4) It is contended that due to the absence of full time Company Secretary and the ill health of one of the Promoter Director of the Company Dr. Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat was sent to the Company and to the Directors of the Company, it was inter alia mentioned that the Petitioner Company 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 notice. (2) 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 C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , was neither intentional nor deliberate as it was happened due to the circumstances stated in the Petition. Therefore, he prayed the Tribunal to allow the Petition as prayed for . 6. I.t is not in dispute that the Registrar of Companies is conferred with power U/ s. 248(1) to strike off the Company, if the Company has failed to commence its business within one year of its incorporation or a Company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any Application within such period for obtaining the status of a dormant Company U/ s. 455. However, Section 248(6) states that the Registrar of Companies, before finally striking off Company, has to satisfy himself that su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the powers conferred upon this Tribunal, U/ s. 252 (3) of the Companies Act, 2013, and following the principle of ease of doing business, C.P.No. 173/BB/2020 is hereby disposed of with the following directions: (1) The Registrar of Companies, Karnataka, the Respondent herein, is directed to restore the name of the Company in the Register maintained by the Registrar of Companies, Karnataka as if its name had not been struck off from the rolls of the Register, with restoration of all other consequential actions taken by Registrar of Companies in pursuance to the impugned action; (2) The Company is directed to file all the statutory document(s) along with prescribed fees/ additional fee/ fine as decided by Registrar of Companies with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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