Home Case Index All Cases Companies Law Companies Law + AT Companies Law - 2020 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (8) TMI 646 - AT - Companies LawRevival of appellant company - removal of name of the Appellant Company from the register of companies on the ground that that the Appellant Company had not filled the statutory documents with the Respondent i.e. Registrar of Companies and the Appellant Company had not filed its financial statements and Annual returns for period from 2014-15, 2015-16-, 2016-17 for the last 3 years - section 252 of the Companies Act, 2013 - HELD THAT:- The Memorandum of Understanding dated 09.04.2015 and 06.05.2015 reveal that the Appellant is operational. The Appellant Company delayed filing of returns but have paid additional Fee of ₹ 73,800 also e-form ADT-1 was filed on 01.10.2018 with additional fee of ₹ 3,600/- for the delay caused. Hence, ROC notice dated 03.11.2018 to the company to file its statutory returns for financial year 2017-18 shows that the name of the company was still existing in the records of ROC even after the removal of name of the company. The Appellant is in operation as they are entering into MOU’s. The Directors are professionals and to develop an I.T platforms also takes considerable time; it is supplementing “Make in India” programme. No doubt, Company’s business volume is too law but attempting to enter USA Market through MOU is a good sign. All this reflects that the Appellant is in operation. “Operation” in commercial sense means developing business platform also. The order of National Company Law Tribunal, Chandigarh Bench order is set aside and Registrar of Companies is directed to restore the name of the Company to the Register of Company - Appellant is directed to pay ₹ 1,00,000/- by way of Bank draft in favour of Pay & Account Officer, Ministry of Corporate Affairs, Chandigarh/ New Delhi towards cost for not filing statutory documents as required under Companies Act, 2013. Application disposed off.
|