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2020 (12) TMI 840

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..... d evidence placed, refusal to restore will be an excessive penalty for the over-sight on the part of the 2nd Respondent Company. The Applicant shall file all the pending Financial Statements and Annual Returns with RoC as per the Act and Rules made thereunder. It shall also comply with the provisions of the Companies Act, 2013 without any delay in future. Form INC 28 shall also be filed as per procedure - Further the Applicant is directed to pay the cost of ₹ 25,000/- to the RoC while submitting the documents. This is for the expenses to be incurred by RoC for publication in the Official Gazette and for other related expenses. Application allowed. - CA No. 72/252/HDB/2020 - - - Dated:- 10-9-2020 - K. Anantha Padmanabha Swamy .....

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..... Authorised Share Capital of the Company is ₹ 4,00,000/-(Rupees Four Lakhs only) divided into 40,000 (Forty Thousand only) equity shares @ ₹ 10/- (Rupees Ten only). The issued, subscribed and Paid up Share Capital of the Company is ₹ 1,00,000/- (Rupees One Lakh Only) divided into 10,000 (Ten Thousand only) Equity Shares @ ₹ 10/- (Rupees Ten only). c. That the 2nd Respondent Company has started its operations immediately after incorporation and successfully completed the two residential construction projects one in Bangalore and another in Hyderabad. The Company has sold all the flats in Hyderabad and registrations are pending for some customers. d. That the Company has started a venture named 'Jagruti Ho .....

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..... 8-2019 and 2019-2020. A copy of Bank Statement vide A/c. No:909020044493525 Axis Bank, Ameerpet Branch, Hyderabad) from 01.04.2012 to 24.06.2018 is also enclosed.. h. The Applicant has filed a Demonetization Affidavit stating that the Company did not deal with receipts/deposits of any amount of cash in violation of income tax Act/Rules, or any other applicable Banking Rules and Regulations during demonetization period and pre/post demonetization. i. The Applicant undertook to ensure to file all the pending documents/statutory returns in respect of the 2nd Respondent Company alongwith fee and additional fee as prescribed under the provisions of the Companies Act, 2013 once the name of the 2nd Respondent Company is restored in the R .....

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..... e list of companies published in the website. Finally the company was struck off and STK-7 notice dated 17-10-2019 also published in the Gazette. Para 9(3): The applicant has not filed any Balance Sheet or Annual Returns with the Respondent since 2010-2011. However, copies of the audited Balance Sheet as at 31.03.2011 to 31.03.2019 is enclosed along with the petition without attaching notes on accounts and directors report. The applicant be directed to submit the same. Para 9(4): That on examination of the Balance Sheet and Profit and Loss account of the applicant it is observed that its Revenue from Operations is Nil since 2012 and also it has not expended any amounts towards Employee Benefits since 2015 onwards. That it ap .....

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..... ereunder. It shall also comply with the provisions of the Companies Act, 2013 without any delay in future. Form INC 28 shall also be filed as per procedure. 3. Further the Applicant is directed to pay the cost of ₹ 25,000/- (Rupees Twenty Five Thousand only) to the RoC while submitting the documents. This is for the expenses to be incurred by RoC for publication in the Official Gazette and for other related expenses. Accordingly, the instant Application is allowed. 4. The 1st Respondent (RoC) is directed to restore the name of 2nd Respondent in the Register of Companies. The Applicant is directed to place this order with ROC within 30 days from the date of receipt of this order. 5. With the above directions, the instant Appli .....

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