9911796707
TMI Blog2021 (1) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... restore the original status of the Company as if the name of the company has not been struck off from the Register 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. - CA NO.281/252/HDB/202 - - - Dated:- 13-1-2021 - SHRI K. ANANTHA PADMANABHA SWAMY, MEMBER (JUDICIAL) and SHRI VEERA BRAHMA RAO AREKAPUDI, MEMBER (TECHNICAL) For the Applicants : Mr.K. Phani Kumar, Advocate For the Respondent : Mr. B. Jitender, CGSC ORDER This is a Company Application No.281/252/HDB/2020 filed under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perations - Rs. 'Nil' d. The Applicant stated that the failure on the part of the Company in filing the Balance Sheets is neither intentional nor deliberate but only due to inadvertence. e. The Applicant stated that the Company undertakes to rectify the error and also undertakes not to repeat the mistake made due to inadvertence and is ready to comply with the compliances that are required under the Companies Act, 2013 within the prescribed time. f. The Applicant stated that the matter involved in this petition is not pending before any Tribunal or any other Authority. g. The Applicant stated that the Application is within the limitation under Section 252(3) read with Section 433 of the Act. h. The Applicant stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... :- i. 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). Accordingly, notice under Section 248(1) was issued to the company and its directors. Further STK-5 notice dated 05.05.2017 was issued and the same was published in the Government of India Gazette and publication in newspaper was made informing all the stakeholders about the list of companies struck off published in the website. Finally, the company was struck off and STK-7 notice dated 21.07.2017 was also published in the Gazette. ii. The Respondent stated that the Applicant has not filed any Balance Sheet or Annual Returns with the Respondent since 31.03.2013. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on as nearly as may be as if the name of the company had not been struck off from the register of companies. 5. We have heard the Counsel for Applicant, who contended that, the Company is doing its business as a going concern basis. The Counsel for Applicant further stated that the Company would 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. 6. Further, we have seen the latest Balance Sheet as on 31 st March 2018 and Financial Statements for the year ending 31 st March, 2018 of the Company. The Company is having Total Assets of ₹ 1,70,000/- And Revenue from Operations is & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company since the P L Account of the company as at 31.03.2014 to 31.03.2018 shows 'Revenue from Operations' is zero and also submit the supporting documents / justification having done the business. 4) RoC is directed to satisfy himself about complying with the directions given in the Order before restoring the name of the Company in the Register of Companies. 5) The Company is directed to file all the statutory document(s) 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; 6) The Company's representatives, who have filed the Company application is directed to personally ensure compliance of this order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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