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TMI Blog2021 (3) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Further, at the time of hearing the Bench had posed query to the Petitioner to show any proof whether the Company has any existing Business but the Appellant was unable to show any proof of existing or prospective business in the Company and also the Company had no turnover for past five years. This Bench is of the view that the Company is not carrying on any business or operations and there is no infirmity in the order of the Respondent for striking off the name of the Company from the Register of Companies maintained by it. Hence this appeal is liable to be rejected. The name cannot be restored - application dismissed. - CP No. 1055/252 (1)/MB/C-II/2020 - - - Dated:- 9-3-2021 - Hon ble Member (Judicial) : Mr. H.P. Chaturvedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tus as struck-off. The Petitioners submits that with the Professional help the Petitioners came to know that the Registrar of Companies, Mumbai vide public notice under section 248 (5), published the name of the Petitioner Company in the Official Gazette on 12.09.2018. 5. The Petitioner submits that the representative of the Petitioner Company in 2019 went to the MCA website to enquire about the filling of the Balance sheet and Annual Returns of the Petitioner Company. Later it was found that the name of the said Company had already been struck off from the file of Register maintained by the Registrar of Companies Mumbai. The Petitioner was shocked and surprised to know that the name of the Company was already struck off. The Petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owledgement of Income-Tax Returns filed with the Income-Tax Authorities for the Assessment Years 2016-2017 to 2018-19. 11. The Respondent, Registrar of Companies submitted his Affidavit in reply on 08.09.2020 explaining the following sequence of events leading to the striking of the name of the company: (a) The Respondent side issued Notice in Form STK-1 to the company and its directors informing the intention of the Registrar to strike off the name of the Company and requesting them to submit a cause contrary to the said action within thirty days. (b) Further, as required under rule 7 of the Companies (Removal of Name) Rules, the name of the Company was published on the website maintained by the Ministry vide STK-5 dated 19.07.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner Company has Unsecured Loan amounting to ₹ 1,87,900/- as on 31.03.2019. The Company has Current Liabilities amounting to ₹ 1,80,306/- as on 31.03.2019. The Company has Cash and Bank Balance amounting to ₹ 71,330/- as on 31.03.2019. 14. On hearing the submissions on behalf of the Petitioner and on perusing the report of the Registrar of Companies, Maharashtra, Mumbai and the documents filed, it is clear that the Company has failed to file its statutory returns for the Financial year 2016-2017 till 2018-2019 (for 3 years) contrary to the provisions of the Companies Act, 2013 and the Company is not carrying on business or operation as defined u/s 248 (1)(c) of the Companies Act 2013. Further, at the time of hearin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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