TMI Blog2020 (10) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanies 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/49/KOB/2020 - - - Dated:- 21-9-2020 - Hon ble Shri Ashok Kumar Borah, Member (Judicial) For the Appellant : Shri John Vadassery, PCS For the Respondent : No appearance ORDER This Company Appeal No. CA/49/KOB/2020 has been filed under Section 252(1) of the Companies Act, 2013, (hereinafter called as the Act ), read with Rule 87A of National Company Law Tribunal Rules, 2016 by M/S. MOONSPRINGS DEVEL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n though the appellant company was punctual in conducting Annual General Meetings in time and maintaining all the requisite documentation, the annual returns were not filed in time due to advertence on the part of the appellant company. The failure to file the annual returns by the Company was purely inadvertent omission without any malafide intention. 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 retur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es on 10.05.2017 and 11.05.2017 respectively. Finally, the Company was struck off on 16.06.2017 under Section 248(5) and the same was published in Form STK -7 in official Gazette dated 15.07.2017. 6. Circumstances 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 provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they are disqualified. However, Registrar of Companies, Kochi is directed to allow for filing of the Annual Returns and Financial Statements by the company to restore the name of the company. IV. The Company s representative, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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