TMI Blog2020 (10) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... trike off of the name of company is fully substantiated within the authority under the provisions of Section 248 of the Act and deserves the protection of this Tribunal. The Company is directed to file all the statutory document(s) along with prescribed fees/additional fee/fine as decided by Registrar of Companies within 30 days from the date on which its name is restored on the Register of Companies by the Registrar of Companies. The appellant is directed to submit a declaration from the Directors regarding the deposits made during the demonetization period with the Registrar of Companies - Application disposed off. - CA/50/KOB/2020 - - - Dated:- 23-9-2020 - Hon ble Mr. Ashok Kumar Borah , Member ( Judicial ) For the Appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers and suppliers of all kinds of wings to do conduct classes, seminars, demonstrations, educations and training programme for betterment of body beauty care and to do all incidental acts and things necessary for the attainment of the foregoing objects . 2. The learned PCS appearing for the appellant through video conferencing stated that the action of the Registrar of Companies under Section 248(1) and subsequent striking off of the Company under Section 248(5) of the Companies Act has happened on account of non-filing of financial statements and annual returns for the financial years 2013-2014, 2014-2015, and 2015-2016 which was happened due to the fact that the delay in preparing the accounts of the Appellant company auditing and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs 2014, 2015, 2016, 2017 and 2018. ROC further stated that the subject company has violated the provisions of Sections 92/137 of the Companies Act, 2013 and that as per the provisions of Section 248 read with relevant rules, notice had been issued to the company and its directors on 11.07.2019 giving 30 days notice period. However, no positive response has been received from them. It is also stated that due process has been meticulously followed for strike off action of the Company. Form STK-5 was published in Official Gazette on 24.08.2019 and newspaper publication in the Form STK- 5A was made in English Malayalam dailies on 10.08.2019. Finally, the Company was struck off on 19.10.2019 under Section 248(5) of the Companies Act and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irectors regarding the deposits made during the demonetization period with the Registrar of Companies. ii. The appellant is directed to pay the costs of ₹ 50,000/- (Rupees Fifty Thousand only) to the accounts of Central Government in favour of the Pay Accounts Officer, Ministry of Corporate Affairs, Southern Region, Chennai and proof of payment be submitted to the Registrar of Companies, Kerala within three weeks from the date of receipt of this order, while submitting the documents, failing which the order will lapse. iii. If the Directors are disqualified, then the DIN are not allowed to be reactivated as they are disqualified. However, Registrar of Companies, Kochi is directed to allow for filing of the Annual Returns and F ..... X X X X Extracts X X X X X X X X Extracts X X X X
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