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TMI Blog2022 (10) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... wo directors, but that does not entitle either of the Directors to take such steps, which will adversely impact the legal status of the company. It is also noted that the complaint against the applicant before the ROC has been closed - As the respondent has fairly admitted during the proceedings that the affairs are currently managed by the sole surviving respondent director, i.e., respondent No. 1, it is all the more obligatory for him to ensure compliance with all the Rules and Regulations laid down in the Companies Act 2013 and the Rules made thereunder. The respondent No. 1 is directed to make compliances under Rule 25A and affix his digital signatures in the prescribed E-Form 22A (Active) sent to him by the applicant through email d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the shareholders of the company are before the Hon'ble Calcutta High Court on various issues. It is further stated that the present application is incomplete due to non inclusion of the ROC who is a compulsory party. 4. On a perusal of records, it is seen that the applicant is shown as a director in the company master data of respondent No. 2 company i.e. Omrao Industrial Corporation Private Limited, from 24.05.2021. A certified true copy of the resolution passed at the meeting of the Board of Directors of Omrao Industrial Corporation Private Limited held at the registered office of the company at 54, Mill Area, Fazalganj, Kanpur-208008 on 24.05.2022 at 11:00 AM, signed by the respondent No. 1 as director (Annexure-6 to the applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rns under Section 92 or both with the Registrar shall be restricted from filing e-Form-Active, unless such company is under management dispute and the Registrar has recorded the same on the register: Provided further that companies which have been struck off or are under process of striking off or under liquidation or amalgamated or dissolved, as recorded in the register, shall not be required to file e-Form Active: Provided also that in case a company does not intimate the said particulars, the company shall be marked as Active-non-compliant on or after 16th June, 2019 and shall be liable for action under sub-Section (9) of Section 12 of the Act: ............. 7. None of the contentions made by the respondents advances the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der. 8. Without expressing any opinion upon the prayers made in the final relief, the present order is restricted only to the interim prayer made by the applicant. As regards other issues, the respondents are directed to furnish their replies within three weeks with a copy advance to the counsel opposite, and rejoinder thereto, if any, be filed within two weeks thereafter with copy advance to the counsel opposite. 9. In the result, the respondent No. 1 is directed to make compliances under Rule 25A and affix his digital signatures in the prescribed E-Form 22A (Active) sent to him by the applicant through email dated 23.04.2022 and file the same along with payment of fee/penalty as required so that the status of the company becomes act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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