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TMI Blog2021 (6) TMI 239X X X X Extracts X X X X X X X X Extracts X X X X ..... nt namely, the Registrar of Companies, Chennai under Section 248 of the Companies Act, 2013. The present Application has been filed by the Applicant seeking thereof to restore the name of the Company in the Register maintained by the Respondent/RoC. 2. The Company was incorporated on 24.07.2012, bearing CIN: U45208TN2012PTC086910 having its registered office at No. 56, Halls Road, Egmore, Chennai 600 008. The main object of the Company is to perform civil constructions, flat promotions, real estate and infrastructure developments. The details of the main object are set out in the Memorandum of Association (MoA) which is filed along with the typed set of documents. 3. The Company has not filed its financial statements and annual returns fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication is also accompanied by an Affidavit verifying the Application. Hence the objection as raised by the Respondent in this regard is not maintainable. 6. The notice of this Application/Appeal has been served to the jurisdictional Income Tax Office and to that effect a Proof of service has also been filed on 02.02.2021. Despite notice there was no representation on behalf of the Income Tax Department. 7. We have considered the plea of the Applicant Company and the Respondent/RoC as well. The Applicant is seeking restoration of its name in the register as maintained by RoC by relying up on the ground that the Applicant Company as of date is carrying on the business for which it was incorporated and it is in operation and in the circums ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd such Company is able to demonstrate that there is a running business as on the date when the name was struck off and also keeping in consideration that it is just to do so can restore the name of the Company in the register and in the interest of all the stakeholders including members of the Company, its employees as well as the revenue and the Applicant itself who seeks restoration of the name of the Company in the register being maintained by RoC and in the above said circumstances the Application is allowed subject to the following directions namely: 10. The Company shall: "(i) Within a period of 15 days from the restoration of the Applicant Company's name in the register being maintained by the RoC, the Applicant/petitioner wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ept in accordance with law. (v) An affidavit of compliance of the aforesaid directions shall be filed by the Appellant within a period of 2 months from the date of this order. (vi) The shareholders of Applicant Company shall jointly submit an Undertaking to the Registrar of Companies stating therein that the accounts of the Company were not used as means to transact tainted money during the period of demonetization. (vii) Further, this order allowing the appeal shall also not circumscribe the power of the respondent to proceed against the Appellant Company and its Directors as mandated for alleged late filing of any forms, documents, returns and such other compliance under the provisions of Companies Act, 2013." 11. The Application s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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