9911796707
TMI Blog2020 (12) TMI 1135X X X X Extracts X X X X X X X X Extracts X X X X ..... th law; there are no investigations pending against the Company; the Respondent has not opposed the Petition and has left the issue to the Tribunal to consider the case subject to certain terms and conditions. It has been submitted that the Company is a going concern and it had a turnover of ₹ 47,61,996/- for the YE 31.03.2011. Striking of its name would affect the Petitioner as well as its shareholders and suffer hardship and irreparable loss. No prejudice would be caused to any party if the Company's name is restored, as prayed. The Members of the Company have undertaken that post restoration of the name of the Company in the Register of the Registrar of Companies, Bangalore, the Company will complete the Annual filings due f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, 36th Main, 2nd Stage BTM layout, Bangalore Karnataka - 560068. Its Authorized capital is ₹ 1,00,000/- divided into 1,000 equity shares of ₹ 100/- each and the Issued, Subscribed and Paid Up Capital is ₹ 1,00,000/- divided into 1,000 shares of ₹ 100/- each. The main objects of the Company are to carry on the business of manufacturing, on leased property, buying, selling, distributing, export and import of all kinds of granites, minerals, granite monuments, slabs, tiles, surface plates, quarrying of stones and job work of designer stone, etc. (2) It is stated that the ROC, Karnataka, Opposite Party herein, struck off the Petitioner Company's name of the Register due to defaults in statutory compliances, nam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional fees. 3. The Registrar of Companies, Karnataka, has filed a Counter Affidavit dated 01.09.2020. He has not opposed the Petition, Apart from what has already been mentioned in the Company Petition, he has further stated, inter alia, as under: (1) Due to non-filing of the Balance Sheets and the Annual Returns for the Financial Year 2010-2011 to 2018-2019 the ROC issued a notice in Form STK-1 dated 28.06.2019 which was sent to the Company and its Directors. (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, the Respondent proceeded to strike off the name of the Company from the ROC and published a Notice in STK-7 in the Officia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 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. 7. Though, the impugned order striking off the Company was in accordance with law, the Tribunal has to take into consideration the bonafide contentions of Petitioner s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 consequential action taken by Registrar of Companies, which includes restoration of DINs of its Directors. b. The Company is directed to 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; c. The Company's representative, who has filed the Company Petition, is directed to personally ensure compliance of this order; d. The restorati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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