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2021 (5) TMI 608

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..... te of Andhra Pradesh. 2. The 1st Respondent Company was incorporated on 18.02.2004 as a Private Limited Company under the provisions of Companies Act 1956, in the erstwhile State of vide (CIN: U74140AP2004PTC042672) in the State of Andhra Pradesh. Appellant, Shareholder of the Respondent Company has filed this Application with the consent of co-shareholder i.e., 2nd Appellant viz., Ms. Srividya Surey. 3. The Authorised Share Capital of the Company is Rs. 1,00,000/- (Rupees One Lakh only) divided into 10,000 (Ten Thousand) number of Equity Shares of Rs. 10/- (Rupees Ten) each. The Issued, subscribed and paid up Share capital of the Company is Rs. 1,00,000/- (Rupees One Lakh only.) divided into 10,000/- (Ten Thousand only) Equity Shares of .....

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..... truck off on 21.07.2017 from the Register of Companies maintained by the RoC. Vijayawada. However the Company was in the process to file all pending Financial Statements and Annual returns with the RoC. 7. The Appellant further stated that the 1st Respondent Company was carrying on the business at the time of its name being struck off and the Bank statement of the Company shows about the operations at Annexure-. There are no charges created against the Company in favour of any financial institutions and banks against the assets of the 1st Respondent Company. The Company is having assets and liabilities and having valid and subsisting agreements. The 1st Respondent Company is regular in conducting its Annual General Meetings every year. Cop .....

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..... g the period of demonetization of Rs. 500/- and Rs. 1,000/- notes from 8th November 2016 to 31st December 2016, except routine money from business transactions from time to time. Also filed Bank Statement of the 1st Respondent Company to show that there are business operations. 12. The Appellant undertakes that all the pending documents, comprising of Annual Reports and Annual Returns will be filed by the 1st Respondent Company with fee and additional fee as prescribed under the provisions of the Companies Act, 2013 as soon as the name of the Company is restored in the Register of Companies and prayed to direct the 2nd Respondent for restoration of the name of the Company in the Register of Companies maintained by the 2nd Respondent. 13. .....

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..... records. The materials available on record indicates that the failure of the Company to furnish the statutory returns with the RoC was not intentional. Apparently the Company has been carrying on its operations as the financial statements would indicate. Unless the Company's name is restored it will prejudicially affect its prospects and adversely influence the Directors in their future endeavours. The promoters of the Company as well 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 .....

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