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TMI Blog2022 (10) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... ON PRIVATE LIMITED in the statutory register as being maintained by the Registrar of Companies, Guwahati. Application allowed. - C. P. No. 22/252(3)/GB/2022 - - - Dated:- 16-9-2022 - Deep Chandra Joshi, Member (J) And Prasanta Kumar Mohanty, Member (T) ORDER Deep Chandra Joshi, Member (J) 1. The Present appellant through this company appeal has sought for restoration of name of the company, i.e. Kongbam Construction Pvt. Ltd. in the Register of Companies being maintained by the Registrar of Companies, NER, Guwahati, Assam (ROC). 2. Being aggrieved with impugned action, the appellant, as being Shareholder of the above company, has prayed for the following reliefs: a. Restoration of the name of the Petitioner in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 10 each. 3.3 The petitioner Company at present is managed by the following: a. Kangabam Inaocha Devi (DIN: 07812922) b. Kongbam Kishorkumar Singh (DIN: 07813229) 4. The application for restoration of the name of Company with the register of Companies is filed by one of its Shareholder cum Director i.e. Mr. Kongbam Kishor Kumar Singh. 5. The Respondent i.e., Registrar of Companies, North Eastern Region, Guwahati, Assam has initiated proceedings under Section 248 of the Companies Act, 2013 and struck off the Company's name from the Register of Companies due to defaults in Statutory Compliances, namely, non-filing of financial statements for four financial years (31st March, 2018; 31st March, 2019; 31st March, 2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... receive their amount of contribution to the company as a member is protected. The rights of shareholders to receive their contribution of money could only be established once the company is active and is well functioning to generate the overall revenue, sustain the livelihood of its employees and in turn lead to economic growth of the country as a whole by increasing its GDP. 6.6 For the ends of justice, the present petition may be allowed, since the interest of shareholders as well as the other stake holders is involved in the company and it will be prejudiced to the shareholders other stake holders if company's name is not restored back in the register maintained by the ROC. 6.7 Unless the present application is allowed an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistrar of Companies) Rules 2016 for removal of name of the company from the register of the companies as there was reasonable cause to believe that the Company was not carrying any business or operation for a period of two immediately preceding financial years and have not made any application within such period for obtaining the status of Dormant company under Section 455. Further, published STK-5 notice in two newspapers (English and Assamese) and also in the official Gazette. 7.3 As per provision of Section 248(5) of the Companies Act, 2013 after the expiry of the prescribed time period and as no response has been received from the company and the public, a notice (in Form STK No. 7) dated 08.02.2022 was issued by the Registrar of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n merits directing petitioner to file all the pending statutory returns with the additional fees within 30 days from the date of passing of the order failing which the respondent may be directed to strike of the name of the company again without giving any further notice to the petitioner. ORDER 8. As per the record, the petitioner has preferred the present appeal under section 252(3) of the Companies Act as being the shareholder of the deregistered company. He is eligible to file the present appeal for restoration of the company's name in the register of the ROC. Hence, the present appeal is found maintainable. 9. As per the records the name of the company, KONGBAM CONSTRUCTION PRIVATE LIMITED got struck off from the Register ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irected to restore the original status of the petitioner company as if the name of the Company had not been struck off from the register of Companies with the resultant and consequential actions like changing the status of petitioner company from 'struck off' to 'Active'; 13.2 The Petitioner Company is directed to file all pending statutory documents(s) including Annual Accounts and Annual returns for the Financial Years 2017-18 to 2021-2022 along with prescribed fees/additional fee/fine as decided by Registrar of Companies, Assam; 13.3 The Company's representative who has filed the Company appeal on behalf of the petitioner Company, is directed to personally ensure compliance of this order; 13.4 The resto ..... X X X X Extracts X X X X X X X X Extracts X X X X
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