9911796707
TMI Blog2021 (1) TMI 987X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 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 this restoration of the Appellant Company so as to defreeze its accounts. The appellant company was incorporated on 21st January 2006 under the Companies Act, 1956. The Corporate Identification Number (CIN) of the Company is U92131KL2006PLC019067 having its Registered Office at EL/CC/L11/214, No 82, Gandhi Nagar, Cochin, Kerala- 682 020. 2. As per the Memorandum of Asso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red due to clerical oversight on the part of the Appellant Company. 5. The Appellant stated that in the event of revival of the Company and restoration of the name of the Company in the Register maintained by the respondent, the appellant company is ready to file all outstanding statutory documents, i.e., the Financial Statements & Annual Returns for the Financial Years ending 31.03.2017 to 31.03.2020 along with the filing fees and additional fees, as applicable on the date of actual filing. 6. The ROC, the Respondent herein, filed a Report on 18.12.2020 stating that the Ministry of Corporate Affairs vide communication dated 16.04.2018 had instructed all Regional Directors and Registrars of Companies to take strike off action against comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 248 read with Rule 7 of Companies (Removal of Companies from the Register of Companies) Rules, 2016. It is also stated that Form STK-5 was published in the Official Gazette on 28.07.2018 and newspaper publication was made in Form STK- 5A in English & Malayalam dailies on 23.06.2018 and 24.06.2018 respectively. Finally, the name of the Company was struck off on 17.09.2018 under Section 248(5) and the same was published in Form STK -7 in the Official Gazette dated 29.09.2018. 9. Circumstances being so, the ROC submitted that the action of striking off of the name of the Company was triggered due to negligence and lack of due diligence on the part of the Directors of the Company for not discharging their statutory duties in filing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company 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. 12. Having satisfied with the reasons as mentioned in the Appeal and in the light of the above cited provisions of Companies Act, 2013, this Tribunal is of the opinion that it would be just and equitable to order restoration of the name of the Company in the Register of Companies. Hence this Tribunal pass the following order: - I. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... VI. The Company's representative, who has filed the Company Appeal, is directed to personally ensure compliance of this order. VII. Till all compliances are made by the Company, the Company shall not alienate or dispose of any of its valuable assets. VIII. On such delivery and after duly complying with the above directions, the Registrar of Companies, Kochi is directed to, on his office name and seal, publish the restoration order in the official gazette. IX. Further, this order allowing the appeal shall also not circumscribe the power of the respondent to proceed against the Appellant Company and its Directors as mandated for the alleged late filing of any forms, documents, returns and such other compliances under the provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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