TMI Blog2020 (9) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... ears from publication in the Official Gazette of notice under Section 248(5) of the Act - The present petition has been filed by the petitioners, who are aggrieved by the order of ROC and is within 20 years time period after the publication of official notification, striking off the name of company from the Register of Companies. The company was also engaged in the business transactions as seen from the bank statement and has fixed deposits in its name (Annexure 9) at the time when its name was struck off from the Register of Companies and therefore, the name of the company deserves to be restored in the Register of Companies, maintained by the ROC - thus, the ingredients provided for in Section 252(3) of the Act, are satisfied. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een actively functioning. The petition is accompanied by affidavits which are signed and verified by shareholders and promoters of company, namely, Mr. Brijender Kumar Sharma, Mrs. Asha Sharma and Mr. Ram Najar Sharma. The same are at Page 16-21 of the paper book. List of Shareholders and list of Directors, are also found attached with the petition and the same are at Annexure 4 and Annexure 5, respectively. Annexure 12 is the Power of Attorney executed by the shareholders and promoters of the company in favour of Mr. Sourabh Gupta, Practising Company Secretary and Mr. Prateek Mittal, Practising Company Secretary, to represent the company and its shareholders and promoters before this Tribunal for seeking restoration of the name of company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 2013, vide Form No.STK-7 dated 30.06.2017 and Gazette Notification in terms of Section 248 of the Act was published notifying the names of the companies which were struck off. The name of the company is stated to be at Serial No.3178 in the Form STK-7 (Annexure 1 of the petition). 5. It is submitted that the company is active since its incorporation and has complied with all the provisions of the Companies Act, 1956. It is also stated that the company has been regular in holding its board meetings, general meetings of the shareholders as and when required. 6. It is further submitted that non-filing of statutory documents with ROC was due to inadvertence and lack of competent personnel in the company and that it was purely unintent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and that it is just the name of the company be restored to the register and the company be directed to file the financial statements upto date and cost may be awarded in favour of the respondent. 9. Report on behalf of the Income Tax Department through Prerna Bansal, Income Tax Officer, Ward 1(3), Gurugram, has been filed, vide Diary No.1339 dated 19.03.2019, wherein it is stated that neither any outstanding demand nor any proceedings are pending against the company with the Income Tax Authorities. It is also reported that the income tax return for assessment year 2014-15 has not been filed and income tax returns for the assessment years 2009-10 to 2018-19 except 2014-15 are shown to be filed belatedly. 10. The learned counsel for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the company had not been struck off from the register of companies 14. The present petition is filed by the shareholder-cum-promoters of the Company and is within the period of 20 years from publication in the Official Gazette of notice under Section 248(5) of the Act. 15. The present petition has been filed by the petitioners, who are aggrieved by the order of ROC and is within 20 years time period after the publication of official notification, striking off the name of company from the Register of Companies. 16. The petitioners have also attached the particulars of financial statements for the last 3 years, the same is as under:- Particulars 2016-17 2015-16 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen its name was struck off from the Register of Companies and therefore, the name of the company deserves to be restored in the Register of Companies, maintained by the ROC. 19. It is therefore, held that the ingredients provided for in Section 252(3) of the Act, are satisfied. 20. In view of the above, the petition is allowed and the name of the company be restored in the Register of Companies, subject to deposit of ₹ 20,000/- (Rupees Twenty Thousand only) as costs with the Pay and Accounts Officer, Ministry of Corporate Affairs within a period of three weeks from the receipt of certified copy of this order. Further directions are issued as under:- a) The petitioners shall deliver a certified copy of the order to the Regist ..... X X X X Extracts X X X X X X X X Extracts X X X X
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