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2021 (8) TMI 321

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..... s name was struck off. Therefore, in the facts and circumstances of the matter and the documents/details on record, we accept the request of the appellant and direct the Registrar of Companies, Odisha to restore name of the Company in Register. Application allowed. - CP No. 218/CB/2020 - - - Dated:- 9-6-2021 - Sucharitha R., Member (J) And Satya Ranjan Prasad, Member (T) For the Appellant : Saroj Kumar Sahoo For the Respondents : A.K. Sethi, ROC-cum-OL ORDER Satya Ranjan Prasad, Member (T) 1. Smart India Security Service Private Limited, was incorporated on 9th February, 2010 bearing CIN: U74910PTC011593 having its Registered Office at: 405/B, Sarala Nagar, Laxmi Sagar, Bhubaneswar - 751 006, in the state of Od .....

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..... y are: - (i) To carry on the business of security and detection services of every description such as Residential security service, Industrial security service, Institutional security services to business, firms, industries, housing societies, Banks, Companies and corporations. To give security consultancy to all the above kind of organization. To train security personnel, to undertake security surveys, to train dogs, and to form dog squads, to employ detectives and to carry on investigations, train and employ security personnel and to undertake all types of security work. 4. The appellant states that the Registrar of Companies, Odisha i.e., the Respondent herein, struck off the Company's name form the Register due to defaults i .....

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..... filing its Statutory Returns i.e. Balance Sheets and Annual Returns since the Financial year ended 31.03.2015, hence, the Registrar having reasonable cause to believe that the above named Company is not carrying on any business or in operation for a period immediately preceding last Financial Years and has not made any application within such period for obtaining the status of a Dormant Company under Section 455 of the Companies Act, 2013 and issued Notice in Form No. STK- 1 under Section 248(1) (c) of the Companies Act, 2013 to the Company enquiring whether the said Company was carrying on any business or was in operation, but no reply to the said Show Cause Notice was received by this office. Subsequently, this office published in th .....

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..... material on record that at the time of its name being struck off, the Company was doing its business or carrying its operations. 8. In this case, the appellant produced on record copy of Audited Annual Accounts of the Company, for all defaulting years. From the abovementioned documents the details of revenue generated by the Company from its operations and profit/loss recorded during the financial years ended on March 31, 2012 onwards are as under Thus, it is evident from the above stated financial reports that apart from generating revenues the Struck Off Company has also recorded profits from the Financial year ended on March 31, 2015 to March 31, 2018. It is also evident that the struck off Company has Fixed Assets and had .....

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..... ils on record, we accept the request of the appellant and direct the Registrar of Companies, Odisha to restore name of the Company in Register by following order. ORDER (i) The Registrar of Companies, the respondent herein, is ordered to restore the original status of the Appellant Company i.e., Smart India Security Service Private Limited as if the name of the company has not been struck off from the Register of Companies with resultant and consequential actions like changing status of Company from strike off to active . (ii) The appellant company is directed to file all pending statutory document(s) including Annual Accounts and Annual Returns for the Financial Year ended on 31.03.2015 onwards along with prescribed fees/ad .....

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