9911796707
TMI Blog2021 (1) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... der dated 02.11.2019 has struck off the name of the Company under Section 248 (5) of the Companies Act, 2013 and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. Mr. Manoj Kumar Mahapatra (DIN- 05263978), Managing director and shareholder of the Company has filed this application under Section 252 (3) of the Companies Act, 2013 with a prayer to direct the ROC, Odisha to revoke the impugned Order. 2. As per the averments, the Company is a Private Limited Company, limited by shares under the provisions of the Companies Act, 1956. The authorised share capital of the Company is Rs. 10,00,000/- (Rupees Ten Lakh only) divided into 1,00,000/-(One Lakh) Equity Shares of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ercial public utilities, Government and other general customers, onshore and offshore consultancy and the services in the field of information technology, communications, automation projects, e-Government projects, and to execute turnkey contracts, etc. 4. The appellant stated that the Registrar of Companies, Odisha i.e. the Respondent herein, struck off the petitioner company's name Suo-moto form the Register due to defaults in statutory filing compliances, namely, failure to file Financial Statements and Annual Returns for the period 2016-17, 201718 and 2018-19. Consequently, the Registrar of Companies (ROC) initiated proceedings under Section 248 of the Companies Act, 2013 for the purpose of striking off the name of the compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Financial Years and has not made any application within such period for obtaining the status of a Dormant Company under Section 455 of the Companies Act, 2013 and issued Notice in Form No. STK- I under Section 248 (1)(c) of the Companies Act, 2013 to the Company enquiring whether the said Company was carrying on any business or was in operation, but no reply to the said Show Cause Notice was received by this office. Subsequently, this office published in the Official Gazette and Newspaper for the information of the general public regarding Strike Off the name of the said company if Form No STK-5/5A. Finally, after the expiry of the time mentioned in the above notice the Registrar Struck Off the name of aforesaid Company from his Registe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,15,560.00 31st March 2016 14,87,217.00 31st March 2017 13,47,723.00 31st March 2018 It is also evident from the above stated financial reports that the struck off Company had spent certain amounts on employee benefits. This prima facie suggests that during the relevant time the Company had people in its employment. The Company has also consumed raw materials. In support of its contention that during the relevant time the Company was a going concern, the appellant has also submitted copy of its GST Certificate bearing Registration No. 21AAFCM9133N1ZA. 9.1 The Company is maintaining Bank Account in State Bank of India with Account No. 30657583990. Regular credit and debit entries in the account reflect that the account is oper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utory document(s) including Annual Accounts and Annual Returns for the Financial Years 2016 onwards along with prescribed fees/ additional fee/fine as decided by ROC within 30 days from the date on which its name is restored on the Register of Companies by the ROC subject to fees/late fees, if any. (iii) The Company's representative, who has filed the Company Appeal on behalf of the Appellant Company, is directed to personally ensure compliance of this order. (iv) The restoration of the Company's name is also subject to the payment of cost of Rs. 25,000/- (Rupees Twenty-five thousand only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "payment of cost for revival of Compa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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