TMI Blog2020 (10) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... t of its contention, at Annexure-3 to the Petition - Possession of an asset such as land will fall within the meaning of the expression just used in section 252(3) of the Companies Act, 2013. The land in question is located in Mira Road, within the Mumbai Metropolitan Region. The property of the Petitioner Company would be rendered bona vacantia in case the present application is not allowed, and this is not a very desirable result from the point of view of the Petitioner Company. Thus, the name of the Petitioner Company should be restored to the register and that it should be given a chance to redeem itself by filing all the pending statutory returns with the RoC - The Respondent Registrar of Companies, Maharashtra, Mumbai, is direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanies, Maharashtra, Mumbai struck off the name of the Petitioner Company from the Register of Companies maintained by them by issuing notice in Form STK-1 and STK-5 dated 05.05.2017 under section 248(4)(1) for removal of the name of the Company from the Register of Companies under section 248(1) of the Companies Act, 2013 and rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 due to defaults in statutory compliances, namely, failure to file Financial Statements and Annual Returns since incorporation and for not carrying on any business or operation for a period of immediately preceding two years and neither made any application within such period for obtaining the status of Dormant Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not being uploaded in the Master Data. 9. The Petitioner Company submits that just a few months prior to the strike off action in terms of Form STK-7, a physical request was made to RoC for uploading the details of directors of the company, for which also no action was taken by the respondent RoC. 10. The Petitioner Company has enclosed the Audited Accounts for the Financial years 2015-16 to 2016-17. The Petitioner Company has also enclosed copies of the Acknowledgement of Income-Tax Returns filed with the Income-Tax Authorities for the Assessment Years 2003-04. The Petitioner Company has submitted that in case its name its restored to the register, it will file all pending returns. 11. On perusal of the report of the Respondent, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner Company. Therefore, we are of the view that the name of the Petitioner Company should be restored to the register and that it should be given a chance to redeem itself by filing all the pending statutory returns with the RoC. 15. Accordingly, Company Petition bearing CP No.3872/252(3)/MBIV/ 2019 filed by the Petitioner, Michelangelo Exports Private Limited [CIN: U51399MH2001PTC131396], represented by its Director, Mr. Navin Kumar Singhal [DIN: 06987330], under section 252(3) of the Companies Act, 2013, seeking restoration of the Company s name in the Register of Companies maintained by the Registrar of Companies, Maharashtra, Mumbai is allowed on the following terms: - (a) The Respondent Registrar of Companies, Maharashtra, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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