9911796707
TMI Blog2021 (6) TMI 239X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 1,82,11,775/- is shown as Inventories - the Company has been active for the period two years preceding the date of strike off and carrying on its business for the purpose of which it was incorporated. Taking into consideration the provisions of Section 252 of the Companies Act, 2013 which vests this Tribunal with a discretion where the Company whose name has been struck off and 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. The name of the company is ordered to be restored - application allowed. - CA/813/2020 - - - Dated:- 3-5-2021 - R. Varadhar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the Respondent/RoC has issued noticed inform Form STK-5 on 13.04.2017 and finally Form STK-7 on 29.10.2019. 4. The reason for non - filing of the returns with the Respondent/RoC is stated to be that the Company was unable to meet the losses due to economic slowdown and the inventories lying unsold which resulted in non filing annual returns for more than two years commencing from the Financial Year 2013-2014 till 2019-2020. Hence, the Applicant has filed the present Application seeking thereof to restore the name of the Company in the Register maintained by the Respondent/RoC on the grounds that the Company is active and carrying on its business for the purpose of which it was incorporated. 5. Upon notice, the Respondent/RoC has f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year 2019-2020. ii. Copy of the Sale Deed dated 08.04.2013 iii. Property Tax Receipt iv. Extract/Patta for Land v. BSNL Telephone bill vi. Balance Sheet as on 31.03.2019 8. A perusal of the aforesaid document, more particularly the Sale Deed dated 08.04.2013 which is placed at page No. 89 of the typed set, shows that the Company has bought a land to the extent of 3500 square feet. Further, the object of the Company as stated in the MoA is that to perform civil constructions, flat promotions, real estate and infrastructure developments. Thus, the above documents shows that the Company was active and carrying on its business for the purpose of which it was incorporated. Further, from the Balance Sheet filed for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fee/late charges. (ii) That the Company out of its funds, set apart a sum of ₹ 2,00,000/- (Rupees Two Lakhs Only) and deposit the same with the Respondent/RoC which amount shall be for the purposes of payment of all fees/charges as contemplated in clause (i) above as well as to defray the cost and expenses of Register of Companies incurred in striking off, within a period of one month from the date of this order. In case of any amount payable in excess of the sum specified towards defraying the cost incurred by the Respondent/ROC and towards other amounts as are required to be paid by the Company statutorily, the same shall be remitted by the Company. Any excess amount left after appropriating for all the above shall be meticulo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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