TMI Blog2020 (10) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Appeal disposed off. - CA/45/KOB/2020 - - - Dated:- 18-9-2020 - Hon ble Mr. Ashok Kumar Borah, Member ( Judicial ) For the Appellants : Mr. Gokul RI, BVR Associates For the Respondent : No appearance ORDER This Company Appeal No. CA/45/KOB/2020 has been filed under Section 252(3) of the Companies Act, 2013, (hereinafter called as the Act ), by M/S. SHREE DEEPAM INFOTECH PRIVATE LIMITED (hereinafter called as the Appellant Company) represented by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2019 which was happened accidently and inadvertently without any malafide/wilful intention on the part of the appellant company and of its directors. 3. The appellant further undertook that he is ready and willing to file the pending returns along with the filing fees and additional fees, as applicable on the date of actual filing on receipt of Restoration Order and prayed for a direction to RoC for restoring the name of the Company in the Register of Companies, maintained by the ROC, and to allow the appellant to file the pending returns. 4. The ROC, who is Respondent herein, has filed a Report dated 03.09.2020 on 08.09.2020 stating that the Ministry of Corporate Affairs vide communication dated 16.04.2018 had instructed all Regiona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces being above, the ROC submitted that the action of striking off of the name of the Company was triggered due to negligence and lack of due diligence on the part of the directors of the Company for not discharging their statutory duties in filing the statutory returns within the due date stipulated under the Companies Act and also for not responding to the several periodical notices within the notice periods. Therefore, the action of strike 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. 7. I have heard the arguments advanced by the learned PCS for the appellant through video conferencing and had gone through the report d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resentative, who has filed the Company Appeal, is directed to personally ensure compliance of this order. v. On such delivery and after duly complying with the above directions, the Registrar of Companies, Kochi is directed to, on his office name and seal, publish the order in the official gazette. vi. This order is confined to the violations, which ultimately led to the impugned action of striking off of the Company, and it will not come in the way of Registrar of Companies to take appropriate action(s) in accordance with law, for any other violations/offences, if any, committed by the Company prior or during the striking off period of the Company. 9. Accordingly, the Company Appeal No. CA/CA/4545/KOB/2020 /KOB/2020 stands dispose ..... X X X X Extracts X X X X X X X X Extracts X X X X
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