9911796707
TMI Blog2021 (8) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... 6.2018 has struck off the name of the Company under Section 248(5) of the Companies Act, 2013 and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 for non-filing of Statutory Returns i.e., Balance Sheets and Annual Returns from the Financial year ended on 31.03.2015, which made them to believe that the Company is not carrying any business or is in operation. Mr. Arun Kumar Pati (DIN-02930367), Director-cum-shareholder of the Company has filed this application under Section 252(3) of the Companies Act, 2013 with a prayer to direct the ROC, Odisha to revoke the impugned Order. 2. As per the averments, the Company is a Private Limited Company, limited by shares under the provisions of the Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for the period 2014-15 onwards. Consequently, the Registrar of Companies (ROC) initiated proceedings under Section 248 of the Companies Act, 2013 for the purpose of striking off the name of the company of the Register maintained by them. Appellant states that the Respondent had served a Notice to the Company in Form STK-5 and thereafter the Company made attempts to comply with the same but could not arrange for the required funds for filing of returns. Also, that the Company has been operating since incorporation and has also been complying with the requirements relating to preparation of financial statements. Therefore, it cannot be concluded that the Company is not carrying on its business or its operations. 5. In order to sustain the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm No STK-5/5A. Finally, after the expiry of the time mentioned in the above notice the Registrar Struck Off the name of aforesaid Company from his Register and published the same in Form No. STK- 7 in the Official Gazette dated 22.07.2017 and on the publication of such Notice in the Official Gazette, the Company stood dissolved on and from 21.06.2017. The undertaking made by the petitioner in its appeal/petition may be considered on its merit on the basis of documentary evidences produced by the petitioner in support of the submission made therein. Further, the petitioner may be put to strict proof of the contention made therein that at the time of its "Striking Off", the Company was in operation. The Hon'ble NCLT, Cuttack Bench ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carrying its business activities. 9. In support of his contention the petitioner has filed copy of the Company's PAN Card bearing No. AANCS9167J and copy of Income Tax Acknowledgements for the Assessment year 2013-14 up to 2018-19 which reflect Gross Total Income and corresponding Tax payments on the Income amount. The Company is also having valid renewal of Establishment, ESI and GST Certificates. Company's GST Registration No. is 21AANCS9167J1ZU. 10. The Company is maintaining Bank Account in Bank of Baroda, Rasulgarh with Account No. 68260200000034. Regular credit and debit entries in the account reflect that the account is operative and also that the company was doing business in defaulting years. 11. All the above details, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any. (iii) The Company's representative, who has filed the Company Appeal on behalf of the Appellant Company, is directed to personally ensure compliance of this order. (iv) The restoration of the Company's name is also subject to the payment of cost of Rs. 50,000/- (Rupees Fifty Thousand only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "payment of cost for revival of Company." (v) The appellant is permitted to deliver a certified copy of this Order with ROC, Odisha within 30 days of the receipt of this Order. (vi) On such delivery and after duly complying with above directions, the Registrar of Companies Odisha is directed to, on office name and seal, publish the Order in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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