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TMI Blog2021 (2) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies and take all consequential actions like change of company s status from Strike off to Active (for e-filing) and to intimate the bankers about restoration of the name of the company so as to defreeze its accounts - The Appellant Company is directed to file all the statutory document(s) along with prescribed fees/additional 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. - CA/70/KOB/2020 - - - Dated:- 24-11-2020 - Hon ble Mr. Ashok Kumar Borah, Member (Judicial) For the Appellants : Mr. Abhilash Nediyalil Abraham, PCS For the Respondent : No appearance ORDER This Company Appeal No. CA/70/KOB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... events, live shows, parties, sale of tickets and reservations and to acquire, purchase, sale, import or export, let on hire, install for that purposes various things, equipments and systems viz. audio visual systems, exhibitions, display panels and boards, conference kit and guides, and to provide support services including venue decor and infrastructural support as providing venue booking, no objection certificates and government permissions, sound and light arrangements, fabrication of stalls, stage platforms, decorative items, transportation and labour or any other device or systems to execute the said business. 3. The learned counsel appearing for the appellant through video conferencing stated that the Company engaged filing of al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the date of actual filing. 6. The ROC, who is Respondent herein, filed a Report on 13.10.2020 stating that the Ministry of Corporate Affairs vide communication dated 25.06.2019 had instructed all Regional Directors and Registrars of Companies to take strike off action against companies which have failed to file Financial Statements or Annual Returns as per Chapter XVIII of the Companies Act, 2013 and have not filed application under Section 455(1) of the Companies Act, 2013 for making them as Dormant . 7. It is further stated by the ROC, in the instant case, on verification of the documents of the subject company it was found that the company did not file its Balance Sheets and Annual Returns since 2016 and had not applied for get ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the statutory returns within the due date stipulated under the Companies Act and also for not responding to the several periodical notices within the notice periods. Therefore, the action of strike off of the name of company is fully substantiated within the authority under the provisions of Section 248 of the Act and deserves the protection of this Tribunal. 10. I have heard the arguments advanced by the learned counsel for the appellant through video conferencing and had gone through the report received on 13.10.2020 from the Reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion as nearly as may be as if the name of the company had not been struck off from the register of companies. 13. Having satisfied with the reasons as mentioned in the appeal and in the light of the above cited provisions of Companies Act, 2013, and considering the report of the learned counsel for the appellant, 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. The Registrar of Companies, the respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the company has not been struck off from the Register of Companies and take all consequential ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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 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 the Companie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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