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2021 (1) TMI 14

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..... 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 Respondent (RoC) while submitting the documents. This is for the expenses to be incurred by Respondent (RoC) for publication in the Official Gazette and for other related expenses. The Respondent (RoC) is directed to restore the name of the Company in the Register of Companies - Application allowed. - CA No.256/252/HDB/2020 - - - Dated:- 29-12-2020 - Shri. K. Anantha Padmanabha Swamy, Member Judicial and Dr. Binod Kumar Sinha, Member Technical For the Applicant : Ms. S. Kavitha Rani, PCS For the Respondent/RoC : Ms. G. Sumathi .....

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..... s only) divided into (One Lakh) Equity Shares of ₹ 10/- (Rupees Ten Only) each. There are six shareholders cum Directors and one other shareholder. The following is the shareholding pattern of the Company: Sl. No. Name of the shareholder No. of Shares 1. Mr. Mitta Siva Ganesh 14000 2. Mr. Busetty Ram Mohan Rao 18750 3. Mr. Busett Ra asekhar 18750 4. Ms. Sudhamani Mitta 13500 5. Mr. Narender Kumar Jain 12500 .....

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..... storation of the name of the Company in the Register of Companies maintained by Respondent i.e., Registrar of Companies, Hyderabad. e) That the Company and its directors have collaborated with the various professionals looking at the prospects of the Company in the near future. The Company is keen to expand and grow their professional consulting services in the Indian Market. f) The Applicant avers that the object of Section 252 of the Companies Act is to give a chance to the company, its members and creditors to revive the company which has been struck off by the RoC and to give them an opportunity of carrying on the business only after this Tribunal is satisfied that such restoration is necessary in the interests of justice. g) .....

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..... the Register of Companies. The Applicant further undertook to ensure the statutory compliance with the applicable provisions of the Companies Act, 2013 in time, in future, without any further delay and prayed for an order directing the RoC (Respondent) for restoration of the name of the Company in the Register of companies, so as to enable the company to file the relevant documents. j) The Applicant has filed a Demonetization Affidavit dated 10.11.2020 stated as under: 1. That during the period of demonetization i.e., during the period from 8 th November 2016 to 30th December 2016, and the Company has not deposited any cash into its bank accounts; and it has not received any cash deposit from any other third party sources in the Co .....

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..... Pattern, Capital Structure and history of compliance has been furnished. While submitting the above facts the Respondent (RoC) prayed to dispose the instant application on merits. 4. Heard. Perused pleadings and the documents filed in support of the contentions of both the parties. ORDER 1. Having satisfied with the reasons as mentioned in the Application, this Tribunal is of the opinion that it would be just and proper to order restoration of name of the Company in the Register of Companies. In view of the averments made and evidence placed, refusal to restore will be an excessive penalty for the over-sight on the part of the Company. 2. The Applicant shall file all the pending Financial Statements and Annual Returns with .....

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