9911796707
TMI Blog2021 (1) TMI 1021X X X X Extracts X X X X X X X X Extracts X X X X ..... 1006, in the State of Odisha. The Registrar of Companies, Orissa vide Order dated 25.08.2018 has Struck Off the name of the Company under Section 248 (1) (c) of the Companies Act, 2013 and Rule 9 of the Companies (Removal of names of Companies from the Register of Companies) Rules, 2016, as the Company was not filing its Statutory Returns i.e., Balance Sheets and Annual Returns since the financial year ended on 2014-15. Mrs. Pritha Agarwal DIN: 00523702, Managing Director -cum- Shareholder of the Company, has filed this application under Section 252 (3) of the Companies Act, 2013 with a prayer to direct the ROC, Orissa to revoke the impugned Order. 2. As per the averments, the Company is a Private Limited Company, limited by shares u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry returns with the Registrar of Companies is not intentional. Due to financial constraints, they could not arrange the funds for filing statutory returns within due time. 5. The Petitioner has admitted at Pg. 12 of the Application that the Company has not been operating since 2014 due to financial constraints and market fall in real estate business during the last 4- years. However, on continuous efforts of the directors of the company got some projects and got agreements with land lords for development and construction project. 6. In order to sustain the said plea, the appellant has placed before this Tribunal, the following evidence: - (i) Copy of Memorandum and Articles of Association; (ii) Copy of Incorporation Certif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gazette, the Company stood dissolved on and from 27.07.2018. The Hon'ble NCLT, Cuttack Bench may consider the application/petition preferred under Section 252 of the Companies Act, 2013 on its own merits as deemed fit and proper. " 8. Section 252 (3) of the Companies Act, 2013 confers on this Tribunal powers to order to restore the name of the Company in the Register maintained, provided such application is filed by (i) the Company or (ii) by any Member or (iii) any creditor or (iv) any workmen of the Company within 20 years from the date of publication of the notices under Section 248 (5) in Official Gazette about striking off of the name of such Company provided further that it is seen from the material on record that at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usiness or was not in operation. In its report submitted vide its letter dated August 10, 2020 has further mentioned that - "petitioner may be put to strict proof of the contention made therein that at the time of its striking off the Company was in operation." Details/documents furnished along with the application do not suggest that the Company was in operation and doing any business during the relevant time. Also, available details do not suggest that the Company has anybody in its employment. 12. Details mentioned above, indicate that during the relevant time when the Company was Struck Off, it had not been a going concern and was not having any business operations. The same has also been admitted in the Application. Hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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