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2021 (5) TMI 410 - Tri - Companies LawRestoration of name of the Company in the Register of Companies maintained by the Respondent - Company has failed to file its Financial Statements and Annual Returns for six Financial Years from 2013-2014 to 2018-2019 - Section 252(1) of the Companies Act, 2013 - HELD THAT:- The Appellant Company has been active since its incorporation and maintains all the requisite papers. However due to the old age of the Directors, they could not manage the day to day affairs of the Company and gradually the Company was shrunk. The Appellant Company did not receive any show cause notice from the Respondent nor any opportunity of being heard was given. With regard to the submissions of the Appellant that the Respondent failed to send the notices, did not give a fair chance to make representations, did not give any opportunity of being heard, we find that the Respondent issued Notice in Form STK-1 and STK-5 dated 19.07.2018. The name of the Company was also published on the website of Ministry on 19.07.2018 as well as in leading newspapers Times of India and Maharashtra Times on 21.07.2018 and in the Official Gazette on 04.08.2018. Finally, the dissolution order was also published on the website of the Ministry vide STK-7 on 12.09.2018. The contentions of the Appellant are thus frivolous and cannot be accepted - Further it is observed that despite the Company being active Appellant it does not have a Bank Account. This prima facie indicates that the Company was not carrying on any commercial activity. However, the Appellant submitted that after complying with all the pending statutory filings, the Company would seek voluntary striking off. Thus, in the interest of justice the name of the Company may be restored in the Register of Companies maintained by the Respondent to accord it an opportunity to complete all pending filings - application allowed.
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