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TMI Blog2022 (12) TMI 919X X X X Extracts X X X X X X X X Extracts X X X X ..... Law Tribunal (Cuttack Bench, Cuttack) as well as Registrar of Companies, Chhattisgarh is not sustainable in law. The name of the Appellant Company be restored to the Register of Companies subject to the compliances imposed - appeal allowed. - Company Appeal (AT) No. 101 of 2021 - - - Dated:- 20-12-2022 - [Justice Anant Bijay Singh] Member (Judicial) , [Mr. Kanthi Narahari] Member (Technical) And [Ms. Shreesha Merla] Member (Technical) For the Appellant : Mr. Pankaj Agarwal, Mr. Shashwat Srivastava, Ms. Pragati Srivastava, Ms. Poonam Agarwal, Advocates. For the Respondent : Mr. Nitinjya Chaudhry, Sr. Panel Counsel (UOI) for ROC. JUDGMENT Justice Anant Bijay Singh; The present Appeal under Section 421 of the Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gister maintained by the Registrar of Companies. The Appellant Company realized the non-compliance of the requirements relating to filing of returns and other documents with the Registrar only after receiving the notice from the Respondent. After receiving the said notice under Section 248(1), the Appellant Company was in the process of filing requisite annual returns and documents but in the meantime the company was struck off by the Respondent and its name was published in STK-5A dated 28.04.2017 as mentioned in Sr. No. 733. iii) The financial statements of the company has been prepared and audited but due to inadvertence the same could not be filed with the Registrar of Companies. However, the non-filing was neither wilful nor intenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the course of argument and in his memo of Appeal submitted that the Tribunal while passing the impugned order has erred in law and fact by not considering that the Appellant Company have the land holding in its name and done business in past. Further, the Tribunal has failed to appreciate the merits of the case, in the present case, the genesis of the entire matter is non-filing of annual returns which is a compoundable offence under the provisions of companies law, the Respondent themselves had issues various amnesty schemes at various occasions for filing of the annual return, to which the Appellant failed to draw the benefits from such schemes. It is further submitted that the business income of the Director, Shareholders, Employ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... status of a dormant company under Section 455 of the Act. The notice seeks representation, if any against the proposed action from the company and its Directors within a period of thirty days from the date of notice. However, no such reply was received by this office from the Appellant company or its directors in response to the above said notice in Form STK-1. This office caused notice under sub-section (5) of Section 248 of striking off the name of the company from the register of companies and published in the Official Gazette in Form STK-7 on 12.07.2017 and same had been placed on the official website of the Ministry of Corporate Affairs on 12.07.2017. It is further stated that the instant Appeal may be decided on merit subject to fili ..... X X X X Extracts X X X X X X X X Extracts X X X X
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