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2020 (2) TMI 393

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..... hip and irreparable loss and damage shall be caused to the said company - we are satisfied that the prayer sought by the Petitioner company deserves to be allowed. The name of company is restored in ROC - appeal allowed - decided in favor of appellant. - CP NO. 58/252/(1)/MB/2019 - - - Dated:- 11-12-2019 - Rajesh Sharma, Technical Member And Bhaskara Pantula Mohan, Judicial Member Prachi Wazalwar, Adv. for the Petitioner. ORDER Rajesh Sharma, This Company Petition is filed by ICCHAPURTI GLOBAL BUILDCON PRIVATE LIMITED, under Section 252(1) of the Companies Act, 2013 seeking relief against the respondent, among other things, to restore the name of the Company in the Register of Companies maintained by the Registra .....

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..... tructures including houses, flats, apartments, buildings, bungalows, cottage, rooms, suites, housing complexes and projects, commercial complexes, offices, godowns, warehouses, shops, factories, sheds schools, colleges, hospitals, hotels, holiday resorts, clubs, restaurants, baths, places of worship, places of amusement parks, gardens and other works etc. 4. The grievance of the Petitioner is that the Respondent Registrar of Companies, Mumbai purportedly struck off the name of the Petitioner Company from the Register of Companies maintained by them due to defaults in statutory compliances, namely, failure to file Financial Statements and Annual Returns from financial year ended 31.3.2015 to 31.3.2017 i.e. for three years. 5. The Peti .....

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..... . Company has Current Assets Liabilities. 9. The Petitioner Company has enclosed copies of audited accounts for the Financial Years from 31.3.2015 to 31.3.2017, Copies of acknowledgement of Income-tax Returns filed for the Assessment Years 2015-16 to 2017-18, copies of bank statement of Bank of Maharashtra, Jalgaon Branch, to show that the company is a going concern, actively involved in business and is in continuous operation. 10. The Petitioner also states that in the event of restoration of the name of the company in the Register of Companies maintained by the Respondent, the Petitioner undertakes to file all the pending statutory documents from the financial years 2014-15 till date along with the filing fees and the additional f .....

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..... perusal of the audited accounts submitted by the Petitioner Company it is observed that as per the audited financials for F.Y. 2016-17, Cost of materials consumed ₹ 15.05 lakhs; Changes in inventories of finished goods, semi-finished goods stock in trade ₹ 18.31 lakh; Employee Benefits Expenses ₹ 10,000/-; Other Cost ₹ 2.89 lakh; Net Profit for the year ₹ 7,274/-; Reserves Surplus ₹ 3.28 lakh; Long term Borrowings ₹ 17.38 lakh; Short Term Provisions ₹ 38.34 lakh; Tangible Assets ₹ 1.69 lakhs; Long Term Loans Advances ₹ 49.00 lakh; Inventories ₹ 1.79 crore; Other Current Assets ₹ 1.08 crore. The Company has Paid-up Capital of ₹ 2.80 crore. Similarly, as per a .....

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