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TMI Blog2021 (1) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... ter of Companies and take all consequential actions like change of company's status from 'strike off' to Active (for e-filing), to restore and activate the DINs if applicable, to intimate the bankers about restoration of the name of the company so as to defreeze its accounts - AApplication allowed. - CA No. 119/252/HDB/2020 - - - Dated:- 10-9-2020 - Ratakonda Murali, Member (J) And Veera Brahma Rao Arekapudi, Member (T) For the Appellant : V. Venkat Rami Reddy , Advocate ORDER Ratakonda Murali , Member ( J ) 1. The Application is filed by the Applicants, who are the Promoters Shareholders of M/s. YOGASAI HEALTH RESORTS LIMITED, under Section 252 of the Companies Act, 2013, with a prayer for issuance of dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Company, ROC has issued the notice in Form STK-1 pursuant to sub-section (1) and (2) of Section 248 of the Companies Act, 2013. ROC has displayed a Notice in Form STK-5 in the portal maintained by the Ministry of Corporate Affairs vide No. ROC/Hyderabad/STK-1/Revised dated 05.05.2017. ROC has displayed another Notice in Form STK-7 in the portal maintained by the Ministry of Corporate Affairs vide No. ROC(H)/248(5)/STK-7/Drive-III/1187/2019 dated 17.10.2019. (4) The Applicants aver that the Directors of the Company were under the opinion that the Annual Returns and Financial Statements for the years 2016-17 2017-18 2018-19 can be filed with the Registrar of Companies with additional fee as contemplated under Section 92 and 137 read ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... December, 2016 strictly adhering to the permitted receipts and payments as allowed by law and the same has been recorded in the books of accounts maintained by the Company. (8) The Applicants aver that there are no investigation proceedings pending against the 1st Respondent Company and its directors under section 206 to 212 of the Companies Act, 2013 and there are no petitions filed against 1st Respondent Company under the Insolvency and Bankruptcy Code, 2016. (9) The applicants aver that the Directors of the 1st respondent Company have been disqualified under Section 164(2) of the Companies Act, 2013 due to the reason of non-filing of the financial statements and annual returns for continuous period of two financial years. With the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent herein denied all the averments made in the Application except those which are specifically admitted herein and submitted his report vide memo No. ROCH/LEGAL/SEC 252/022234/YHRL/JTA(S)/2020/523 dated 03.09.2020 stating as follows:- A. The Company had defaulted in filing the Financial Statements and Annual Returns for more than 2 Years and hence the company was identified for strike off u/s 248(1) and STK-1 notice was issued to the company and its Directors. Further STK-5 notice dated 19.08.2019 was issued and the same was published in the Government Gazette. Newspaper publication was also made informing all the stake holders about the list of Companies published in the website. Finally the Company was struck off and STK-7 not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile the statutory returns on time. He further contended that, the Company will file necessary financial statements and Annual Returns soon after restoration of the name of the Company with the Registrar of Companies, Hyderabad and prayed the Tribunal to revive this Company. 5. Further, We have seen the latest Balance sheet as on 31st March 2019 of the Company. The Company is having Assets (Current and non-current) at ₹ 4,00,92,434/- as on 31.03.2019. 6. After hearing the Counsel for the Company and after perusal of material documents on record, the report of the RoC, Hyderabad and after going through the provisions of Section 252 (3) of the Companies Act, 2013, this Tribunal is of the view that the Company was in existence and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as payment of cost for revival of company pursuant to orders of Hon'ble NCLT in CA No. 119/252/HDB/2020 . 5) The applicant is permitted to deliver a certified copy of this order with ROC within thirty days of the receipt of this order. 6) On such delivery and after duly complying with above directions, the Registrar of Companies, Hyderabad is directed to, on his office name and seal, publish the order in the official Gazette; 7) This order is confined to the violations, which ultimately led to the impugned action of striking of the Company, and it will not come in the way of ROC to take appropriate action(s) in accordance with law, for any other violations/offences, if any, committed by the applicant company prior or during ..... X X X X Extracts X X X X X X X X Extracts X X X X
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