9911796707
TMI Blog2021 (2) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... the Registrar 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. The appellant company was incorporated on 26th March, 2015 under the Companies Act, 1956. The Corporate Identification Number (CIN) of the Company is U74990KL2015PTC038236 having its Registered Office at Arathodi, Njalakamkara, Kalamassery, Ernakulam- 683 104, Kerala. 2. As per the Memorandum of Association, the main business of the Appellant Company is: "To carry on business in India and abroad connected with events for different corporate or individuals which includes organizing and management of luxury events, gove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs could be identified by the Company officials at a very later stage due to the inadvertence of the provisions of the Companies Act, 2013 which also caused non-filing of the relevant annual returns and annual forms with the Registrar of Companies, Kerala, within the prescribed time. However, the company is regularly filing all income tax returns for its operations. 4. The learned counsel for the appellant further submitted that the delay in filing the annual returns and annual forms was unintentional and it occurred due to clerical oversight and malpractices on the part of the employee of the Company and the frequent changes in the internal staff of the Company. The Directors of the Appellant Company were not able to respond to the notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 92 of the companies Act, 2013 Annual Returns for 2017 and 2018 were due for filing on or before 30.11.2017 and 30.11.2018 respectively. ROC further stated that the subject company has violated the provisions of Sections 92/137 of the Companies Act, 2013, as the case may be. 8. 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 11.07.2019 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 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned counsel for the appellant prayed to levy minimum costs while ordering the restoration for the reason that due to Covid-19 pandemic, the growth prospects of the Company is very low and there is financial problem in the Company. 12. The provision pertaining to the restoration of 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 24 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itional fee/fine as decided by Registrar of Companies within 30 days from the date on which its name is restored on the Register of Companies by the Registrar of Companies. III. The issue of Director Identification Number (DIN) in respect of the Directors of the Company may be separately dealt with by the Registrar of Companies (RoC). However, Registrar of Companies, Kochi is directed to allow for filing of the Annual Returns and Financial Statements by the company to restore the name of the Company. IV. The shareholders 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 demonetiz ..... X X X X Extracts X X X X X X X X Extracts X X X X
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