TMI Blog2019 (4) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... gned order is maintained except for the sentence "The company is a shell company", which we expunge. - Company Appeal (AT) No. 325 of 2018. - - - Dated:- 8-2-2019 - A. I. S. CHEEMA J. (Judicial Member) and BALVINDER SINGH Technical Member For the Appellant : Govind Manoharan and A. Karthik For the Respondent : None JUDGMENT A. I. S. CHEEMA J. (JUDICIAL MEMBER). - 1. The appellant-original applicant of C. A. No. 444 of 2018 filed before the National Company Law Tribunal, Chennai Bench, Chennai has filed this appeal against the impugned order dated June 11, 2018 rejecting the application for restoration of the name of the company to the Register of Companies under section 252 of the Companies Act, 2013 ( Act in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acements P. Ltd., was incorporated on 27th day of November, 2003, in the State of Kerala as a company limited by shares, bearing Corporate Identity Number (CIN) : U74910KL2003PTC016649. The company has not filed balance-sheet and annual return for the financial years 2011-12, 2012-13, 2013-14, 2014-15, 2015-16 and 2016-17 with the Registrar of Companies as required under sections 92 and 137 of the Companies Act, 2013 so the company had been struck off. Now we want to revive the company which was struck off and requesting make an order to the Registrar of Companies, Kerala be directed to revive the company which was struck off under section 248 of the Companies Act, 2013. We are enclosing the following documents for your kind reference : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal is moved, objection or no objection of the Registrar of Companies is not material. It is necessary for party to satisfy provisions of section 252. Learned counsel merely pointed out the balance-sheets and annual returns for the financial years 2011-12 to 2016-17 to state that the company was in business. When we perused the impugned order, the short order reads as under : Counsel for the applicant is present. It has been submitted that the company was formed during the year 2003 and till the year 2011, the balance-sheets and annual returns were filed, and for non-compliance of the same, the name of the company has been struck off by the concerned Registrar of Companies under section 248(5) of the Companies Act, 2013. The Registrar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se appears to have been put up before the National Company Law Tribunal. If the company was in operation since 2003 and defaults started only from 2011-12, the directors would know the compliances required. Accidental or inadvertent omission can occur once or twice but when the non-compliance relates to many years, it cannot be claimed that there was accidental or inadvertent omission on the part of the company or its directors. If such balance-sheets and annual returns (as are being now shown) had been regularly prepared, there was no reason as to why the same were not filed. Without the returns having been filed before any authority, they cannot be taken on their face value of dates shown to accept that in the period claimed, the company ..... X X X X Extracts X X X X X X X X Extracts X X X X
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