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2020 (10) TMI 177

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..... eholder of the above Company namely, Mr. Micheal Chenguvera, seeking a direction to the Registrar of Companies, Kochi (hereinafter called as the 'ROC') to restore the name of the Company in the Register of Companies, maintained by the Registrar of Companies, Kochi, for the State of Kerala and Lakshadweep. The appellant company was incorporated on 15.05.2012 under the Company's Act, 1956. The Corporate Identification Number (CIN) of the Company is U70102KL2012PTC031215 having its Registered Office at, 35/2987 Kodai Palliprasthishnam Road, Pallinada, Pallarivattom, Ernakulam-682025. As per the Memorandum of Association, the main business of the Appellant Company is to "carry on the business of builders and developers and to purchase, develop, .....

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..... ating that the Ministry of Corporate Affairs vide communication dated 17.02.2017 had instructed all Regional Directors and Registrars of Companies to take strike off action against companies which have failed to file Financial Statements or Annual Returns as per Chapter XVIII of the Companies Act, 2013 and have not filed application under Section 455(1) of the Companies Act, 2013 for making them as 'Dormant'. 5. It is further stated by the ROC, in the instant case, on verification of the documents of the subject company it was found that the company has not filed its statutory Returns since 2012. It had been defaulting in filing its Financial Statements for the Financial Years ending 31.03.2013, 31.03.2014, 31.03.2015 and 31.03.2016 and An .....

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..... ents advanced by the learned PCS for the appellant through video conferencing and had gone through the report dated 03.09.2020 submitted by Registrar of Companies in the instant appeal. Having satisfied with the reasons as mentioned in the appeal, the Tribunal is of the opinion that it would be just and proper to order restoration of the name of the Company in the Register of Companies. Hence this Tribunal pass the following order: - I. The Company is directed to file all 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 declarat .....

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