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TMI Blog2021 (1) TMI 898X X X X Extracts X X X X X X X X Extracts X X X X ..... trar of Companies, Kochi (hereinafter called as the 'ROC') to restore the name of the Company in the Register of Companies, maintained by the Registrar of Companies, Kochi, for the State of Kerala and Lakshadweep. It is also prayed for a direction to the ROC to restore and to re-activate the DIN of the Directors of the Appellant Company and to intimate the Bankers about the restoration of the Appellant Company so as to defreeze its accounts. The appellant company was incorporated on 19th September, 1995 under the Companies Act, 1956. The Corporate Identification Number (CIN) of the Company is U24299KL1995PTC009434 having its Registered Office at 394077, 1st Floor, Kannarket Road, Kochi, Ernakulam Kerala- 682 016. 2. As per the Memora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued an order for strike off of the Appellant Company from the Register maintained by the ROC. On enquiry, the Board of Directors identified that the Appellant Company had made all the compliances with respect to conducting the meetings and adopting the accounts from time to time with the due dates for holding the Annual General Meetings, but due to negligence on the part of in-house accountant, they failed to file the returns as per the requirements of the Companies Act, 2013 and that the same has not on account of wilful negligence or laches on the part of the Appellant. 6. The Appellant further stated that in the event of revival of the Company and restoration of the name of the Company in the Registe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies Act, 2013, as the case may be. 9. In the Report of ROC, it is further stated that notice under Section 248 (1) of the Companies Act, 2013 read with Rule 3 of Companies (Removal of names of Companies from Register of Companies) Rules 2016, had been issued to the Company and its Directors on 13.07.2019 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, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the name of the Company as provided in Section 252 (3) is reproduced below: Section 252(3): (3) If a company, or any member or creditor or workman thereof feels aggrieved 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Financial Statements by the Company to restore the name of the Company. IV. The Shareholders/Directors of the Appellant Company shall jointly submit an undertaking to the Registrar of Companies stating therein that the accounts of the Company were not used as means to transact tainted money during the period of demonetization. V. In view of the request of the learned PCS for leniency while ordering costs, the Appellant is directed to pay the costs of Rs. 40,000/- (Rupees Forty 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. VI. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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