TMI Blog2019 (12) TMI 342X X X X Extracts X X X X X X X X Extracts X X X X ..... ness of operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of dormant company under Section 455 then he shall send a notice to the company and all the directors of the company of his intention to remove the name of the company from the register of companies and requesting them to send their representation alongwith the copies of relevant documents within 30 days from the date of notice. Admittedly ROC has served notice dated 17.3.2017 to company s registered address which returned unserved. In the notice name of company s directors i.e. Appellant No.2 and 3 and their address are mentioned, however, no notice have been sent to them by the ROC. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 Appellant No.1 company was incorporated under the provisions of Companies Act, 1956 on 06.05.1980 and its registered office is at A-21 Mayapuri Industrial Area, Phase II, New Delhi. Appellant No.2 and 3 are erstwhile directors and shareholders of the company. The company is into the business of manufacturers, distributors, dealers, stockists, repairers, importers and exporters of all kind of tyres, tubes, flaps, moulded rubber parts, valve body, cast iron wheels, retreading materials, rubber gums etc. The appellant company had applied for the allotment of industrial land to HUDA and on 03.03.2014 HUDA allotted 300 sq meters land bearing Plot No.327H, Sector 37 II, Gurgaon and for the same directors had paid money from their bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... send a representation within a period of 30 days from the date of notice. Sub-rule (2) of Rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 provides that the Registrar shall give a notice in writing in form No.STK-1 to all the directors of the company at the address available on record, by registered post with acknowledgement due or by speed post. It reflects from the notice STK1 dated 17.03.2017 that the address of director Ranbir Singh and Charanjit Singh was available on record. However, the notices were not served with them. Thus the respondent has not complied the mandatory prescribed procedure. It is also submitted that the NCLT failed to appreciate that before passing the order the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat where the Registrar has reasonable cause to believe that a company is not carrying on any business of operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of dormant company under Section 455 then he shall send a notice to the company and all the directors of the company of his intention to remove the name of the company from the register of companies and requesting them to send their representation alongwith the copies of relevant documents within 30 days from the date of notice. Admittedly ROC has served notice dated 17.3.2017 to company s registered address which returned unserved. In the notice name of company s directors i.e. Appellant No.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... name of the company is directed to be restored. The following orders/directions are passed:- i) Impugned order is quashed and set aside. The name of the appellant No.1 company shall be restored to the Register of Companies subject to the following compliances: ii) Appellants shall pay costs of ₹ 1,00,000/- (Rupees One lac only) to the Registrar of Companies, New Delhi within 30 days. iii) Within 30 days of restoration of the company s name in the register maintained by the ROC, the company will file all their annual returns and balance sheets due for the period ending 2012-13 to date. The company will also pay requisite charges/fee as well as late fee/charges as applicable. iv) Inspite of present ..... X X X X Extracts X X X X X X X X Extracts X X X X
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