9911796707
TMI Blog2020 (9) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... Cotton, Cotton Seeds and Soft Cotton. The Company did not file its Annual Returns since the Financial year 2011-12 which resulted into belief on the part of Registrar of Company (ROC) that the company was neither carrying on business nor in operation. This belief was further strengthened due to the fact that the company had not taken status of dormant company under Section 455 of the Companies Act, 2013. Accordingly, Registrar of Companies, Ahmedabad after complying with statutory formalities as specified under Section 248, struck off the name of the company on 21.06.2017. 3. Learned PCS Mr. Jay Surti appeared on behalf of the Applicant/Company through video conferencing. 4. Learned Counsel, appearing on behalf of the Applicant, submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C, Ahmedabad to strike off the name of such company from its Register of Companies. No plausible explanation has been given for such failure. Although, it has been claimed that notice u/s 248(1) was not served but it is noted that notice in Form STK-5 containing name of this company was published. The Company is no doubt having liabilities as well as assets in its balance sheet. Its also owing land which has got substantial value and disposal of the same cannot be done unless the company is revived. Thus, in our view the name of the company can be restored in the Register of Companies maintained by ROC, Ahmedabad from the date of its striking off. However, for noncompliance of provisions of Companies Act, 2013 relating to non-filing of stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his order with ROC within thirty days of the receipt of this order. (vi) On such delivery and after duly complying with above directions, the Registrar of Companies, Ahmedabad, is directed to, on his office name and seal, publish the order in the official Gazette; (vii) This order is confined to the violations, which ultimately leads to the impugned action of striking off the name of the Company, and it will not come in the way of ROC to take appropriate action(s) in accordance with law, for any other violations/offences, if any, committed by the Applicant Company prior or during the striking off of the company. 7. The Company Appeal is disposed of accordingly. 8. Urgent certified copy of this order, if applied for, be issued upon com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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