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TMI Blog2021 (5) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... l as the Appellant are keen to carry on and perform the objects of the Company in right earnest. There has been substantial investments in the project. The Company is continuing its business. Unless the name of the Company is restored in the Register of Companies it would suffer financially and may go out of business. The directors of the company would also face disqualification. The name of the Company should be restored in the Register of Companies - Appeal allowed. - CA No. 42/252/AMR/2020 - - - Dated:- 30-4-2021 - Bhaskara Pantula Mohan, Member (J) For the Appellant : Gopinath Surey, PCS ORDER Bhaskara Pantula Mohan, Member (J) 1. This is an appeal under Section 252(3) of the Companies Act. 2013 (herein after ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, technical and other allied fields etc. 5. It is stated by the Appellant that the RoC, Andhra Pradesh, i.e. the 1st Respondent herein struck off the name of the Company in the Register of companies pursuant to sub-section (1) of Section 248 of the Companies Act. 2013 on the pretext that the Company was not carrying on any business or operation for a period of two years immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under Section 455. The Respondent (RoC) had initiated proceedings under Section 248(5) of the Companies Act, 2013, for the purpose of striking off the name of the Company from the Register maintained by the RoC. 6. Directors of the 1s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Company is not restored in the Register of Companies, there is an irreparable loss to all shareholders, creditors, customers and stakeholders, including their families, since the 1st Respondent Company is in the business of consultancy activities with prudent business practices. 9. The Directors/Shareholders of the Company are interested in restoration of the name of the Company in the Register of the Companies, Andhra Pradesh and prayed for consideration of the restoration of the name of the Company in the Reregister of Companies maintained by the RoC, Andhra Pradesh, Vijayawada. 10. The Appellant undertakes to file all the returns, statements and documents that are required to be filed under the Companies Act, 2013 within the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e RoC and hence the Company was identified for Strike off U/s. 248 and 248(1) notice was issued to the Company and its Directors and STK-5 notice dated 05.05.2017 was issued to the Company and its Directors and published in the Gazette and a paper publication also issued informing all the stake holders about STK-5 notice published in MCA21 Website. Thereafter, the name of the Company was strike off in MCA21 portal and STK-7 notice also published in the Gazette on 21.07.2017. While submitting the above facts the RoC has stated that their Office has no objection in the Hon'ble Bench considering the present application for restoration of the name of Company back to the Register of Companies U/s. 252 of the Companies Act, 2013 read with rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wing. i. The Appellant shall within two months hence file all the pending Financial Statements and Annual and Statutory returns with the RoC Andhra Pradesh as required under the Act and Rules made thereunder. ii. The Appellant shall deliver a certified copy of the order to the Registrar of Companies, Andhra Pradesh within 30 days and pay a sum of ₹ 1,50,000/- (Rupees One Lakh Fifty Thousand only) towards cost payable in the account of Prime Minister's Relief Fund (PMRF) within 10 days from the date of receipt of copy of this order. Consequently thereupon the Bank Accounts if freeze shall get defreeze and to be operated by the Company. iii. Upon compliance, the RoC, Andhra Pradesh on receipt of the Order shall in his ..... X X X X Extracts X X X X X X X X Extracts X X X X
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