9911796707
TMI Blog2020 (10) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 2. The averments made in the petition, are as follows: Griffin Developers Private Limited was incorporated on 07th day of April, 2008 under the Companies Act, 1956 (CIN U70100KL2008PTC02208), having its Registered Office at F 125, Pioneer Towers, Marine Drive, Kochi, Ernakulam- 682 031. 3. The learned counsel for the appellant stated that the appellant herein is the shareholder of the Company holding 9,950 Equity Shares of Rs. 10 each constituting 99.50% of the paid-up share capital of the Company. The counsel further submitted that the Company is in the business of real estate development, p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the individual capacity of the Directors was registered in the name of the Company instead of registering in the individual capacity of Directors. Therefore, the details with respect to land was not disclosed in the Financial Statement of the Company. However, by the time the Directors could identify that the property was registered in the name of the Company, the company was struck off from the Register of Companies. 6. The counsel further submitted that the Directors of the Company had without any malafide intention believed that the property was registered in their individual names and hence the details of the property was not brought into the Balance Sheet of the Company. However, now identifying that the property was registered in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for last one year before making application under FTE. 8. ROC in its Report further stated that strike off application by the subject company was found to be in conformity with the requirements of the Circular dated 07.06.2011, the same was approved by ROC on 26.06.2014 and accordingly, the company was removed from Register of Companies with effect from the said date. 9. On re-examination of the strike off application, it is seen that the FTE application has been preferred in violation of the guidelines and by concealing true state of affairs regarding assets held by the Company. So also, by affirming in the application as well as affidavit that the company is not having assets and liabilities, the existing Directors including the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant Company, they shall file the Income Tax Returns with the Income Tax authorities and to make such filings up to date. 13. Having satisfied with the reasons as mentioned in the appeal, this 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. i. 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 Applicant is directed to submit a Declaration from the Directors regarding the deposit during the demonetization Period with the Registrar of Com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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