9911796707
TMI Blog2021 (9) TMI 789X X X X Extracts X X X X X X X X Extracts X X X X ..... k off company by name M/s. Dadhichi Logistics Solutions P. Ltd., CIN : U63000OR2008PTC010296, having its registered office at : Plot No. 2/4333, Anand Builders, Near Women's college, Rajgangpur, Sundargarh, Odisha-770 017, with a prayer to direct the Registrar of Companies, Odisha to revoke the notification dated June 21, 2017 issued by them under section 248(5) of the Companies Act, 2013, whereby the Registrar of Companies had struck off the name of the company from its register as the company committed default in filing its statutory returns, i. e., balance-sheets and annual returns since the financial year ended March 31, 2010 onwards ; observing that the company was not doing its business. 2. As per the averments, the company is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctors, C and F agents, ropeway owners, liasioners, middleman, storekeepers, warehouse, couriers conductors, charters, cab owners and package tour operators. 4. The appellant stated that the Registrar of Companies, Odisha struck off the company's name of the register maintained with them, due to defaults in statutory compliances, namely, failure to file financial statements, annual returns for the period March 31, 2010 onwards. Consequently, the Registrar of Companies has initiated proceedings under section 248 of the Companies Act, 2013, for the purpose of striking off the name of the company from the register maintained by them. 5. The petitioner avers that the accounts were properly prepared and audited by the statutory auditors in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the Official Gazette and newspaper for the information of the general public regarding strike off the name of the said company in form No. STK-5/5A. Finally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We also heard learned counsel/company secretary appearing on behalf the appellant. 10. In this case, the applicant produced on record the copy of audited annual accounts for the period starting from the year ended on March 31, 2009 onwards, Income-tax returns and bank statement, etc. As per the audited reports of the profit and loss accounts of the company, it is evident that the company has been generating revenues from its business. Related details are as under : Revenue generated from operations in (Rs.) For a year ended on Profit and loss for the year in (Rs.) 59,24,749 31st March-2009 85,090.39 39,19,428 31st March-2010 17,905.88 46,09,860 31st March-2011 21,143.73 65,85,270 31st March-2012 23,709.00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions. And prayed that the Registrar of Companies, Odisha may be directed to restore the company's name in the register. We accept the contention of the appellant that the company was a going concern when its name was struck off. Therefore, in the facts and circumstances of the case 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 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., Dadhichi Logis tics Solutions P. Ltd., as if the name of the company has not been struck off from the Register of Companies with resultan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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