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2021 (4) TMI 1072

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..... ies, Hyderabad to restore the name of the Company in the Register of Companies and to pass such order as deemed fit in the circumstances of the case. 2. The averments made in the Company Application are briefly described hereunder:- a. The Company M/s. Tricity Constructions Private Limited, was incorporated under the Companies Act, 1956 on 26.04.2004 vide CIN:U45200TG2004PTC043129, as a Private Limited Company by the then Registrar of Companies, Andhra Pradesh presently registered with Telangana, having its Registered office situated at:C-54, Madhura Nagar, S.R. Nagar, Hyderabad. Copy of the Memorandum and Articles of Association of the Company and The Certificate of Incorporation is annexed as Annexure-2 to the petition. b. It is averre .....

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..... rar of Companies, Hyderabad has filed Report dated 29.01.2021, stating that the company was incorporated on 26.04.2004 and its address of the registered office etc. were also stated. While submitting the above facts, the RoC has observed that the Company had defaulted in filing Financial Statements and Annual Returns for more than two years. Accordingly, Notice under section 248(1) of the Act was issued to the company and its directors. Further STK-5 Notice dated 05.05.2017 was issued and the same was published in the Government of India 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 al .....

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..... during the period of demonetization. Copy of Bank statement along with demonetization affidavit is enclosed to the Application. We are satisfied with the reasons shown by the Applicant for restoration of the name of the Company in the register of companies maintained by the Respondent. 10. By exercising the powers conferred 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 representative for Applicant 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 .....

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