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TMI Blog2021 (1) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... m Strike off to Active (for e-filing) and to intimate the bankers about the restoration of the name of the company so as to defreeze its accounts. The Registrar of Companies, Kochi is also directed to allow for filing of the Annual Returns and Financial Statements by the Company to restore the name of the Company - Application allowed. - CA/104/KOB/2020 - - - Dated:- 7-1-2021 - Shri Ashok Kumar Borah, Member (Judicial) For the Appellant : Ms.Ramachadnran Santa Krishnaprasad, PCS For the Respondent : No appearance ORDER This Company Appeal No. CA/104/KOB/2020 has been filed under Section 252 of the Companies Act, 2013, (hereinafter called as the Act ) by M/s. LOOPALL BUSINESS SOLUTIONS PRIVATE LIMITED (hereinaft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant Company or any of its officers and was not done with any intention to adversely affect the interest of any concerned party in this regard. The financial burden and resultant situation of the promoters forced them to stay away from performing regular administrative functions including annual filings with the ROC. 5. The Appellant stated that in the event of revival of the Company and restoration of the name of the Company in the Register maintained by the respondent, the appellant company is ready to file all outstanding statutory documents, i.e., the Financial Statements Annual Returns for the Financial Years ending 31.03.2017 to 31.03.2019 along with the filing fees and additional fees, as applicable on the date of actual filing. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een issued to the Company and its Directors on 12.07.2019 giving 30 days notice. It is also stated that due process has been meticulously followed for strike off action of the Company. As per requirements of Section 248 read with Rule 7 of Companies (Removal of Companies from the Register of Companies) Rules, 2016, Form STK-5 was published in the Official Gazette on 24.08.2019 and newspaper publication was made in Form STK- 5A in English Malayalam dailies on 10.08.2019. Finally, the name of the Company was struck off on 19.10.2019 under Section 248(5) and the same was published in Form STK -7 in the Official Gazette dated 26.10.2019. 9. Circumstances being so, the ROC submitted that the action of striking off of the name of the Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re not used as means to transact tainted money during the period of demonetization. IV. In view of the request of the learned PCS for leniency while ordering costs, the Appellant is directed to pay the costs of ₹ 30,000/- (Rupees Thirty Thousand only) to the PM CARES FUND and proof of payment be handed over to Registrar of Companies, Kerala within three weeks from the date of receipt of this order, while submitting the documents, failing which this order will lapse. V. The Company s representative, who has filed the Company Appeal, is directed to personally ensure compliance of this order. VI. Till all compliances are made by the Company, the Company shall not alienate or dispose of any of its valuable assets. VII. On ..... X X X X Extracts X X X X X X X X Extracts X X X X
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