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2020 (10) TMI 227 - Tri - Companies LawRestoration of name of the Company in the Register of Companies, maintained by the Registrar of Companies - Section 252 (3) of the Companies Act, 2013 - HELD THAT:- The Registrar of Companies, Kerala, who is respondent herein has filed a Report stating that Chapter XVIII of the Companies Act, 2013 containing Section 248-252 which deals with removal of names of companies from the Register of Companies had been brought into force by the Central Government vide notification No. S.O.4167(E) on 26.12.2016. In exercise of powers conferred by Sub Sections (1), (2) & (4) of Section 248 read with Section 469 of the Companies Act, 2013 Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 have also been brought into force by Central Government vide Notification No. GSR 1174E on 26.12.2016 - Ministry of Corporate Affairs vide communication dated 17.02.2017 had instructed all Regional Directors and Registrars of Companies to take strike off action against companies which have failed to file Financial Statements or Annual Returns for immediately two preceding Financial years and have also not filed application under Section 455 (1) of the Companies Act, 2013 for making them as “Dormant”. It would be just and proper to order restoration of the name of the Company in the Register of Companies - The Company is directed to file all the statutory document(s) along with prescribed fees/additional fee/fine as decided by Registrar of Companies within 30 days from the date on which its name is restored on the Register of Companies by the Registrar of Companies. The appellant is directed to submit a declaration from the Directors regarding the deposit during the demonetization period with the Registrar of Companies - Dated the 31st day of January, 2020.
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