9911796707
TMI Blog2021 (1) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Company i.e., M/s. Bricmor Infrastructure Limited, inter-alia seeking the following reliefs: a) Direct the Respondent to restore the name of the Company in register of Companies under Section 252(3) of the Companies Act, 2013. b) Direct the Respondent to place the company, directors and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies. c) Direct Respondent to reactivate the DIN's of the Directors of the Company. d) Direct the Applicant to deliver a copy of the order of this Hon'ble National Company Law Tribunal within thirty days from the date of receipt of the order as required under rule 87A(4)(a). e) Direct the Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -19 within the time prescribed under section 92 and section 197 of Companies Act, 2013, which is purely due to oversight and unintentional. d. That due to defaults in statutory compliances namely failure to file the Financial Statements & the Annual Returns only for the period of 2018-2019, The Respondent i.e., (RoC, Hyd) has therefore initiated action under Section 248 of the Companies Act, 2013 (hereinafter referred to as 'the Act') for striking off the name of the Applicant's Company from the Register of Companies and consequently the name of the Applicant's Company was struck off from the Register of Companies vide Notice No. ROC(H)/248(5)/STK- 7/2017 dated 21.07.2017 after publication of public notice in the Gazette o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acknowledgement for the Assessment years 2018-19 and 2019-2020. A copy of Bank Statement vide A/c. No: 912020061365270 Axis Bank, Tolichowki Branch, Hyderabad) from 01.04.2018 to 31.03.2019 and a copy of another Bank Statement vide A/c. No: 510101007035450 Corporation Bank, Gachibowli Branch, Hyderabad are also enclosed. h. The Applicant undertook to ensure to file all the pending documents/statutory returns in respect of the Applicant's Company along with fee and additional fee as prescribed under the provisions of the Companies Act, 2013 once the name of the Company is restored in the Register of Companies. The Applicant further undertook to ensure the statutory compliance with the applicable provisions of the Companies Act, 2013 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the Shareholding Pattern, Capital Structure and history of compliance has been furnished. While submitting the above facts the RoC has raised the following objections in its Report and prayed to dispose the instant application on merits: Para 9(2): The Company had defaulted in filing the financial statements and annual returns for more than 2 years and hence 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 19-08-2019 was issued and same was published in the Government of India Gazette. Newspaper publication was made informing all the stakeholders about the list of companies published in the website. Finally the company was struck off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... failed to file Annual Returns and Income Tax Returns due to oversight and unintentional. 2. The provisions of Section 252(3) of the Act stipulate that this Tribunal may direct restoration of a Company's name, if it is just and equitable to do so. In view of the above evidence, refusal to restore will be an excessive penalty for the over-sight on the part of the Applicant's Company. 3. Accordingly, having satisfied with the reasons as mentioned in the Application as also on the perusal of RoC's report dated 25.08.2020 vide no. ROCH/LEGAL/SEC252/050350/BIL/JTA(S)/2020/445, this Tribunal is of the opinion that it would be just and proper to order the restoration of name of the Applicant's Company in the Register of Companies ..... X X X X Extracts X X X X X X X X Extracts X X X X
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