9911796707
TMI Blog2022 (10) TMI 642X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the Company as well as the Applicant are keen to carry on and perform the objects of the Company in right earnest. There have been substantial investments in the project. The Company is continuing its business. Unless the name of the Company is restored in the Register of Companies, it would suffer financially and may go out of business. The directors of the company would also face disqualification. The name of the Company should be restored in the Register of Companies - Application allowed. - CA No. 8/252/AMR/2022 - - - Dated:- 30-9-2022 - Telaprolu Rajani, J. (Member (J)) For the Appellant : U. K. Gayathri , Advocate ORDER Telaprolu Rajani, J. (Member (J)) 1. This is an application under Section 252(1) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut due to technical issues in the website of incometax.gov.in, the Company has not filed its Annual Returns pertaining to FY 2019-2020. It is stated that the Registrar of Companies, Andhra Pradesh, issued a notice in Form No. STK. 1 proposing to remove the name of the Company from the Register of Companies and to dissolve the Company on the grounds as mentioned in the said notice and the same was posted on the website of Ministry of Corporate affairs. Consequently, in the absence of any reply or cause being shown, the ROC vide its order i.e. Notice of Striking Off and Dissolution in form No. STK-5 7 dated 28.01.2022, 31.03.2022 respectively, removed the name of the Company from the Registrar of Companies and marked the Company as struck-o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aper publication is also given, informing all the stakeholders and uploaded in the MCA website. Thereafter the Company was marked for Strike off in MCA Portal and STK-7 notice was also published in the Gazette dated 31.03.2022. While submitting the above facts, the RoC has stated that their Office has no objection for considering the present application for restoration of the name of Company back to the Register of Companies u/s. 252 of the Companies Act, 2013 read with rule 87(A) of the NCLT Rule 2016 and that the application may be considered on merits and appellant may be directed to ensure statutory compliance of applicable provisions of the Companies Act, 2013 without any further delay and to file balance sheet and annual returns which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany would also face disqualification. I am convinced that the name of the Company should be restored in the Register of Companies. Hence ordered. ORDER In the result, the Application is allowed. The impugned order dated 31.03.2022 issued by the RoC, Vijayawada against the Company is set aside. The name of the Respondent Company be restored in the Register of Companies, Andhra Pradesh, subject to the following. i. The Applicant shall within two months hence file all the pending Financial Statements and Annual and Statutory returns with the RoC, Andhra Pradesh as required under the Act and Rules made thereunder. ii. The Appellant shall deliver a certified copy of the order to the Registrar of Companies, Andhra Pradesh withi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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