9911796707
TMI Blog2022 (1) TMI 1018X X X X Extracts X X X X X X X X Extracts X X X X ..... y becomes crucial which also fortifies the 'just' ground being a factor to be considered by this Tribunal in the process of deciding an Application/Appeal under Section 252(3) of the Companies Act, 2013. Taking into consideration the provisions of Section 252 of the Companies Act, 2013 and more particularly the 'just' ground as envisaged under sub-section (3) of Section 252 of the Companies Act, the name of the Petitioner Company in the register maintained by the Respondent is restored, subject to the directions imposed. Application allowed. - CP/48 (CHE)/2021 - - - Dated:- 24-12-2021 - S. Ramathilagam, J. (Member (J)) And Anil Kumar B., Member (T) For the Appellant : Peruman Saranyan, Advocate ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs. The details of the main object are set out in the application submitted by the Petitioner. 3. The Company has not filed its Balance sheet and annual returns as per the provisions of the Companies Act, 2013 for the period from 2011-2012 and hence the Respondent had initiated proceedings under the provisions of Section 248 of the Companies Act, 2013 and consequently struck off the name of the Company from the Register maintained by them. It is further submitted that the Respondent/RoC has followed the procedure laid down under section 248(1) of the Companies Act, the Respondent/RoC has issued Form STK-5 on 04.06.2018 and finally Form STK-7 on 09.08.2018 whereby the company was struck off on 08.09.2018. It is further submitted that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gent reason, as the company cannot forgo its statutory duty because of unfortunate demise of persons in charge of filling of account statements. Further, the Respondent/RoC has prayed to direct the Applicant herein to prove that it was carrying on its business effectively. 6. We have considered the plea of the Petitioner Company and the Respondent/RoC as well. The Petitioner is seeking restoration of the name of the Company in the register as maintained by RoC by relying up on the ground that the Petitioner Company as of date is carrying on the business for which it was incorporated and it is in mere operation, the Petitioner has submitted the following evidences: a. From STK -5 dated 04.06.2018 b. From STK -7 dated 09.08.2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompanies, Chennai is ordered to restore the original status of the Petitioner Company M/s. Vox Realties 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 the status of Company from strike off to Active ii. The Company shall within a period of 30 days from the restoration of the Petitioner Company's name in the register being maintained by the RoC, the Petitioner/petitioner will file inter alia its annual returns and balance sheets as well other compliances statutorily required to be made under the Companies Act, 2013 for the period from which there has been default with requisite charges/fees as well as additional fee/late ..... X X X X Extracts X X X X X X X X Extracts X X X X
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