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TMI Blog2021 (1) TMI 865X X X X Extracts X X X X X X X X Extracts X X X X ..... s the Appellants are keen to carry on and perform the objects of the Company in right earnest. There have been substantial investments in the project. The Company is continuing its business. Unless the name of the Company is restored in the Register of Companies it would suffer financially and pay go out of business. The directors of the company would also face disqualification. The name of the Company should be restored in the Register of Companies - Application allowed. - CA No 37/252/AMR/2020 - - - Dated:- 22-12-2020 - Bhaskara Pantula Mohan, Member (Judicial) For Appellant : Mr. Navajyoth Puttaparthi, PCS For Respondent (RoC): None ORDER This is an appeal under Section 252 (3) of the Companies Act, 2013 (he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on thereto and other allied activities etc. 5. The Company did not file its Annual Returns and Financial Statement with the RoC, Andhra Pradesh from the date of incorporation i.e. for financial years 2012-13 to 2018-19. It is stated that the Registrar of Companies, Andhra Pradesh after issuing a Public Notice in the Official Gazette of India in form No. STK.5 dated 05.05.2017 proposing to remove the name of the Company from the Register of Companies and to dissolve the Company on the grounds as mentioned in the clause 1(ii) of the said notice and the same was posted on the website of Ministry of Corporate affairs. Subsequently, the RoC vide its order i.e. Notice of Striking Off and Dissolution in form No. STK-7 dated 21.07.2017, remove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Andhra Pradesh, Vijayawada the Respondent herein, has filed a report vide Repon No. ROCV/S-252/NCLT/83272/STA(MNR)/2020/403; dated 02.12.2020, wherein the details of the Company such as date of incorporation, address of the registered office and its main objects as per Memorandum of Association are mentioned. The RoC in its report stated that the Company failed to file any annual accounts and annual returns from the date of incorporation i.e. from the financial year 2013-14 to 2018-19 onwards and the Company was identified for Strike off and 248 (1) notice was issued to the Company and its Directors and STK-5 notice was issued and published in the Gazette and paper publication also issued informing all the State Holders about STK-5 notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . I am satisfied that the name of the Company should be restored in the Register of Companies. Hence ordered. ORDER The Appeal be and the same is allowed. The impugned order dated 21.07.2017 against the Company is set aside. The name of the Respondent Company be restored in the Register of Companies, Andhra Pradesh, subject to the following. i. The Appellant shall within two months hence file all the pending Financial Statements and Annual and Statutory returns with the RoC, Andhra Pradesh as required under the Act and Rules made thereunder. ii. The Appellant shall deliver a certified copy of the order to the Registrar of Companies, Andhra Pradesh within 30 days and pay a sum of ₹ 2,00,000/- (Rupees Two Lakhs only) t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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