9911796707
TMI Blog2022 (2) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... Company failed to file the Financial Statements and Annual Returns for the period of six financial years starting from the financial year ended 31.03.2014. Further, the Appellant also accepts that the Respondent 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 the ROC - the Appellant in the facts of the Appeal stated that the Appellant company for the financial year 2013-14 to 2018-19, the financial statements were prepared on time and duly approved in the respective Annual General Meetings by the shareholders, but the same could not be filed within the respective time frames due to clerical oversight on the part of the legal consultan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Appellant : Mr. S. Palanikumar, PCS JUDGMENT (VIRTUAL MODE) Per: Kanthi Narahari Member (T) Brief Facts of the Case: 1. The present Appeal is filed against the Order dated 29.09.2020 passed by the NCLT, Division Bench-1. Chennai whereby the NCLT dismissed the application filed by the Appellant under Section 252(1) of the Companies Act, 2013. Appellant s Submissions: 2. Shri S. Palanikumar, PCS appearing for the appellant submitted that the Appellant filed application before the NCLT, for order and direction to set aside the striking off the name of the Appellant company from the Registrar of Companies, Coimbatore. 3. It is submitted that the ROC Coimbatore struck off the appellant s company s name f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 24.09.2021 ordered notice through speed post to the Respondent returnable by 29.11.2021 and the notice was delivered on the Respondent on 10.12.2021. However, none appeared for the Respondent. This Bench heard the matter on 29.11.2021 and directed to list the matter on 28.01.2022. In spite of opportunity afforded none appeared for the Respondent nor present in person. Having served notice on the Respondent, this Tribunal proceeded to hear the matter on merits and on the basis of records available. 7. The NCLT after hearing the Appellant passed the following order at Paras 9 and 10 which is extracted hereunder: 9. The Learned Authorised Representative has miserably failed to establish or place on record any document to show tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in striking off the name of the Company since the Company was not active since the year 1998. Hence, we are constrained to dismiss the Appeal filed by the Applicant Company and accordingly the Application stands dismissed, however without costs. 8. From the Memorandum and Articles of Association of the Company, it is evident that the Company was incorporated on 05.04.1957 and its objects are to carry on the business namely Cotton Spinners and Doublers, Flax hemp and Jute Spinners, Linen Manufactures, Woollen Merchants, etc. 9. While so, the Respondent issued Public Notice in Form No.STK-5 dated 08.06.2018 under Section 248(1) of the Companies Act, 2013 stating that the Companies as mentioned in Annexure have not been carrying on an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd finally struck off the name of the Appellant company. 12. The Appellant in the facts of the Appeal has not denied that the Appellant Company failed to file the Financial Statements and Annual Returns for the period of six financial years starting from the financial year ended 31.03.2014. Further, the Appellant also accepts that the Respondent 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 the ROC. However, the Appellant in the facts of the Appeal stated that the Appellant company for the financial year 2013-14 to 2018-19, the financial statements were prepared on time and duly approved in the respective Annual General Meetings b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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