9911796707
TMI Blog2021 (6) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 252 of the Companies Act, 2013, with a prayer for issuance of directions to the Registrar of Companies, 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. Indian Aerospace Industries Limited (hereinafter referred to as the "Company") is incorporated under the provisions of Companies Act, 1956, on 26.02.2011. Copy of Memorandum and Articles of Association of the Company is enclosed to the application as Annexure-1. b. It is averred that the Company has commenced its operations and doing business but failed to file its financial statem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 also published in the Gazette. 4. The Roc has observed that the applicant has not filed any Balance Sheet and Annual Return with the RoC since its incorporation. However, copies of Audited Balance Sheet as at 31.03.2013 to 31.03.2020 are e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the register of companies maintained by the Respondent. Admittedly, the relevant documents which are to be filed, are ready with the Company and the Company is willing to file the same, if so permitted. 10. The Company has not deposited heavy cash in its Bank Account 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. 11. 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 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed to, on his office name and seal, publish the order in the official Gazette;
5. The restoration of the Company's name is also subject to the payment of cost of Rs. 2,00,000/- (Rupees Two Lakhs only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "payment of cost for revival of company pursuant to orders of Hon'ble NCLT in CA No. 04/252/HDB/2021".
6. This order is confined to the violations, which ultimately led to the impugned action of striking of the Company, and it will not fetter ROC to take appropriate action(s) in accordance with law, for any other violations/offences, if any, committed by the company prior or during the striking off of the company. X X X X Extracts X X X X X X X X Extracts X X X X
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