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2018 (6) TMI 1263 - AT - Companies LawStruck off the name of appellant company from the Registrar of Companies - non issue of notice - Held that:- Notices were issued to the appellant and two of its directors by speed post and sufficient proof has been submitted. As regards the argument of the appellant that no notice was served on 3rd director who was appointed on 1.3.2017 and duly intimated to ROC on 14.3.2017 is concerned, it is established that the notices has been issued on 17.3.2017 to the appellant company and on 30.3.3017 to two of its directors. The appellant who has appointed third director on 1.3.2017 and intimated ROC on 14.3.2017 that even if the company and its two directors having received the notices did not bother to respond to the notice so as to save the company rather than taking a plea that the third director who has been appointed only on 1.3.2017 and notified on 14.3.2017 had not been given a notice. When company has been served it is Notice to the Directors. Additionally, 2 of the 3 Directors had been served. It is substantial compliance and knowledge can be assumed. A notice on STK-5 under Section 248(1) of Companies Act, 2013 has been issued to 24338 companies including the appellant company intimating them the reasons for striking off/removal of their name from the register of companies and dissolve them unless a cause is shown to the contrary, within thirty days from the date of notice. Appellant company was given thirty days’ time to file their objection from the date of publication of notice. No objection has been filed by the company. A Public Notice in Form No.STK-5A was published in the English and Telugu newspapers for the information of the general public and concerned companies including the appellant company intimating them the reasons for striking off/removal of their name from the register of companies and dissolve them unless a cause is shown to the contrary, within thirty days from the date of notice. Appellant company was given thirty days’ time to file their objection from the date of publication of notice. The company having failed to respond to the opportunity which is in the public domain, therefore, the ROC in absence of any explanation received from the company or its directors had no alternative except to take consequent action i.e. to strike off the name of the company from the register of the companies. We find there was substantial and actual Notice. There is no reason to interfere. Appeal dismissed.
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