9911796707
TMI Blog2020 (12) TMI 1089X X X X Extracts X X X X X X X X Extracts X X X X ..... Entertainment Private Limited, on the Register of Companies maintained by the Registrar of Companies, Karnataka etc. 2. Brief facts of the case, which are relevant to the issue in question, are as follows: (1) Pure Entertainment Private Limited (which is referred to as Company) was incorporated under the Companies Act, 1956 on 07.09.2001 vide CIN:U74300KA2001PTC029507. Its Authorised Share Capital of the Company is Rs. 1,00,000/-(Rupees One Lakhs Only) divided into 10,000 (Ten Thousand) Equity Shares of Rs. 10/- (Rupees Ten) each and Paid-up Share Capital of the Company is Rs. 1,00,000/- (Rupees One Lakhs only) divided into 10,000 (Ten Thousand) equity Shares of Rs. 10/- (Rupees Ten) each. The Company is engaged in the business of produc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 017 September 28, 2017 (4) The Directors of the Company were focusing on the other business activities and there was no requirement for the Company to make an Application for making the Company as dormant Company. It had became very difficult for them to run the business of the Company where in the Applicant is holding the position of Director since there is no valid board in those Companies due to disqualification of Directors of the Company. (5) The Directors of the Company accept the fact that the Company has defaulted in filing the Financial Statements and the Annual Returns of the Company for the Financial Years 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019 i.e. for the last five years. However, the Directors of the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the date of receipt of the STK-1 notices. (3) 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 crystallized, the Respondent proceeded to strike of the name of the Company from the Register of Companies and published a Notice in STK-5 in the Official Gazette on 20.05.2017 stating that from 05.05.2017 names of the Companies mentioned therein including the Petitioner Company have been struck off from the Register of Companies as per Sec. 248(5) of the Act. The Respondent has complied with all the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 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 of justice and ease of doing business, inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... file all the statutory document(s) along with prescribed fees/additional fee/fine as decided by Registrar of Companies within 30 days from the date on which its name 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. 10,000/- (Rupees Ten 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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