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2021 (1) TMI 996

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..... ter referred as Company) praying for restoration of Company's name in the Register maintained by the Registrar of Companies, Hyderabad (herein after referred to as RoC (H)). Submissions by the Applicants: 2.  That M/s Gavi Metallics Private Limited (hereinafter called "the Company") is a private limited Company incorporated on 16th July, 2007 by the Registrar of Companies, Hyderabad. Company is involved in business of activities as stated in the Memorandum and Articles of Association which is annexed at Annexure-C. 3.  Further, the Company could not file the financial statements for the F.Y 2010-11 to 2017-18 with the RoC due to inadvertence. Failure to file the annual returns and financial statements was unintentional and .....

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..... dia Gazette. Newspaper publication was also made informing all the stakeholders about the list of companies published in the website. Finally, the company was struck off and STK-7 Notice dated 21.07.2017 was also published in the Gazette.  8.  The RoC has observed that the applicant has not filed any Balance Sheet and Annual Return with the RoC since 31.03.2010. However, copies of Audited Balance Sheet as at 31.03.2011 to 31.03.2017 are enclosed along with the petition and further as per the P & L Account as at 31.03.2011 to 31.03.2017 the applicant company revenue from operations is zero which shows the company is not carrying any business. 9.  RoC submitted that, the copies of the audited balance sheet as at 31.03.2018 an .....

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..... rred on this Tribunal under Section 252 of the Companies Act, 2013, and Rule 87-A of  NCLT (Amendment) rules 2017, R/w NCLT Rules; 2016 and basing on the assurance given by the Learned Counsel for Applicant that Company would be making good all pending statutory compliances on restoration of the Company, we feel it is a fit case to order restoration of the Company by RoC (H) in the interest of the Company, its shareholders and the Creditors. Accordingly, the Company application bearing CA No. 265/252/HDB/2020 is allowed with following directions. ORDER 1.  The Registrar of Companies, the respondent herein, is ordered to restore the original status of the Company as if the name of the company has not been struck off from the Reg .....

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