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2021 (5) TMI 543

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..... And B. Anil Kumar, Member (T) For the Appellant : T.R. Ravichandran, PCS For the Respondents : K. Nikhil, AROC ORDER B. Anil Kumar, Member (T) 1. Under consideration is a Company Petition CP/40(CHE)/2021 filed under Section 252(1) of the Companies Act, 2013 (hereinafter called as 'the Act') filed by its shareholders Ms. Rajesh Vidya and Ms. Jamuna Purushothaman representing M/s. Xpertii On-Air Tracking Solutions Private Limited (hereinafter called as the Company'') seeking a direction to the Registrar of Companies, Chennai (hereinafter called as the ROC), to restore the name of the Company in the Register of Companies. 2. Brief averments in the Application are that the Company was incorporated on 1 .....

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..... register as maintained by RoC, the Applicant is relying on the ground that the Applicant Company as on date is carrying on the business for which it was incorporated and it is in operation and in the circumstances, it is just that the name of the Company should be restored on the register of RoC as maintained by the Respondent. In order to sustain the plea, the Applicant has placed before us the following evidences: i) Copy of Income Tax Acknowledgement for the Assessment years 2018-2019, 2019-2020; ii) Copy of audited Balance Sheet, Profit and Loss Account for the years 2017-2018 and 2018-2019; and iii) Copy of Bank Statement for the period from 01.04.2019 to 29.11.2019 issued by ICICI Bank 4. The Registrar of Companies, .....

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..... ents filed in support of the contentions of both parties. It has been brought to the notice of this Tribunal that the applicant has not complied with filing of balance sheets and other statutory returns before the RoC. However, based on the documents and pleadings, we are inclined to admit this Company Petition CP/40(CHE)/2021. (i) The Registrar of companies, Chennai, the respondent herein, is ordered to restore the original status of the Applicant Company i.e. M/s. Xpertii On-Air Tracking Solutions Chits Private Limited as if the name of the company has not been struck off from the Register of Companies with resultant and consequential actions like changing status of Company from strike off to Active . (ii) The Company is direc .....

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