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TMI Blog2020 (10) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... any in the Register of Companies, maintained by the Registrar of Companies, Kochi, State of Kerala. The averments made in the petition, are as follows: 1. M/s ALPHA ROCKS AND AGGREGATES PRIVATE LIMITED was incorporated on 18th day of March, 2011 under the Companies Act, 1956, having its Registered Office at Building No,PPXVII/473, Malayil Ayirookuzhil Bright House, Pathanapuram, Kerala -689 695, India. 2. The learned counsel for the appellant stated that without adverting to the true facts of the case Respondent herein struck off the name of the appellant company from the Register due to the dormant nature of the appellant as assumed by the respondent was primarily because of the death of the director of the company. It is submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that, though notice in form STK-1 u/s. 248(1) of the Act was served upon the company, it was never served to all its directors as mandated by the statute. As explained above, one of the Directors of the company expired on 21.02.2016 and that Annex. A14 notice u/s 248(1) of the Act was issued on 08.03.2017, a year subsequent to his death. Hence, it is pertinent to note that the Respondent RoC has failed to comply with the mandate of issuance of Section 248(1) notice to the all its Directors of the appellant company. Ex consequenti and for obvious cause, the expired director was also not heard by the RoC, who intended to remove the name of the appellant company from the Register of Companies. Therefore, the succeeding mandate of gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions (1), (2) & (4) of Section 248 read with Section 469 of the Companies Act, 2013 Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 have also been brought into force by Central Government vide Notification No. GSR 1174E on 26.12.2016. 6. In view of above said provisions and rules, 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 for immediately two preceding Financial years and have also not filed application under Section 455 (1) of the Companies Act, 2013 for making them as "Dormant". 7. Respondent also submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act and relevant Rules. It is also stated that the same was published in the official Gazette on 15.07.2017. 9. Notwithstanding what has been stated, the RoC submitted that the action initiated by the Registrar of Companies for striking off the name of the subject 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 period. It is stated that the action of strike off is fully substantiated within the authority under the provisions of Section 248 of the Act and deserves the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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