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TMI Blog2021 (8) TMI 1106X X X X Extracts X X X X X X X X Extracts X X X X ..... lders 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. The name of company is restored - application allowed. - CA/560/2020 - - - Dated:- 11-8-2021 - Sucharitha R., Member (J) And Anil Kumar B., Member (T) For the Appellant : Rathidevi and Associates, Advocates and Solicitors ORDER Sucharitha R., Member (J) 1. Under consideration is an Application/Appeal which is filed by M/s. Just Mobility services Private Limited under Section 252 of the Companies Act, 2013 aggrieved by the order of strike off carried out by the Respondent namely, the Registrar of Companies, Chennai under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turns for the Financial Statement and annual returns with the Respondent/Roc is stated to be that the company secretary has not revealed the facts of filing of the annual accounts, annual returns and related documents with Respondent. 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. 6. Upon notice to the Respondent, the ROC has filed its Report by email to the Registry of this Tribunal on 12.03.2020 and has stated inter alia that the Appellant Company has not filed its Annual Return and Balance Sheet since the Financia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A perusal of the Bank Statement filed in relation to the Applicant Company for the period from 01.01.2012 to 28.07.2020 manifest the fact that the Company has been active and carrying on its business activities since its incorporation. 8. Thus, taking into consideration the provisions of Section 252(1) (3) 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 and in the interest of all the stakeholders including members of the Company, its employe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irtue of this order of restoration of the name of Company in the register it will not entitle the Directors of the Company whose names in case have been disqualified by virtue of provisions of Section 164 of the Companies Act, 2013 by the Respondent/Roc automatically to be restored to directorship except in accordance with law. (vi) An affidavit of compliance of the aforesaid directions shall be filed by the Applicant within a period of 2 months from the date of this order. (vii) 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. (viii) Furt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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