9911796707
TMI Blog2020 (10) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 as a private limited Company on 13.07.2013 in the State of Kerala under the Companies Act, 1956. The Corporate Identification Number (CIN) of the Company is U65992KL2013PTC034535 having its Registered Office at DOOR NO. II/175, (OLD NO. II/155), PERUVALLUR P. O., THRISSUR, KERALA- 680 508. As per the Memorandum of Association, the main business of the Appellant Company is to: "start and conduct kuries namely transactions entered into by the company with a n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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 24.09.2020 on 25.09.2020 stating that the Ministry of Corporate Affairs vide communication dated 25.06.2019 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 documen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, 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 dated 24.09.2020 submitted by Registrar of Companies in the instant appeal. I have also gone through the latest Balance Sheets and Financial Statements for the year ending 31st March 2019 of the Company and also the Income Tax Return Acknowledgment for the Assessment Year 2018-2019. 8. The provision pertaining to the restoration of the name of the Company as provided in Section 252(3) is produced below: Section 252(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ruck off from the Register of Companies and take all consequential actions like change of company's status from 'Strike off' to Active (for e-filing). ii. 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. iii. The shareholders of the appellant company shall jointly submit an Undertaking to the Registrar of Companies stating therein that the accounts of the Company were not used as means to transact tainted money during the period of demonetization. iv. The appellant is directed to pay the costs of Rs. 50,000/- (Rupees Fifty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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