TMI Blog2020 (10) TMI 969X X X X Extracts X X X X X X X X Extracts X X X X ..... restoration of the name of the Company in the Register of Companies - Registrar of Companies, the respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the company has not been struck 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) and to intimate the bankers about restoration of the name of the company so as to defreeze its accounts - Application allowed. - CA/36/KOB/2020 - - - Dated:- 16-10-2020 - Hon ble Shri Ashok Kumar Borah, Member (Judicial) For the Appellant : Mr. Muhammed Hashim A.K., Advocate. For the Respondent : No appearance ORDER This Company Appeal No. CA/36/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years 2016-17, 2017-18, 2018-19 and 2019-20 and the company is in a position to carry on the business. The appellant further stated that delay in filing the Balance Sheets and Annual Returns were unintentional. It is also stated that appellant was unaware of the notification regarding striking off of the name of the company from the Register of the Respondent as no notice as required under Section 248 of the said Act, was given to the Company. 4. The learned counsel for the appellant further submitted that the appellant came to know about the strike off only when the representative of the Company went to file the statutory documents as per the requirements of the Act. The appellant stated that they had engaged a professional to render t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... panies Act, 2013, Financial Statements for the period ending 31.03.2017 and 31.03.2018 were due to be filed on or before 30.10.2017 and 30.10.2018 respectively. Similarly, as per provisions of Section 92 of the companies Act, 2013 Annual Returns for 2017 and 2018 were due for filing on or before 30.11.2017 and 30.11.2018 respectively. ROC further stated that the subject company has violated the provisions of Sections 92/137 of the Companies Act, 2013 as the case may be. 8. In the Report of RoC, it is further stated that the submission of the appellant that notice under Section 248 of the Companies Act, 2013 was not given to the appellant is not correct and that as per the provisions of Section 248 read with relevant rules, notice had bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the records that vide order dated 28.07.2020, the appellant was directed to produce the Financial Statements of the Company for the Financial Year 2018-19 along with the GST Returns. The appellants produced the same on 23.09.2020. I have also gone through the latest Balance Sheets and Financial Statements of the Company for the year ending 31st March 2020 and also the Income Tax Return Acknowledgment for the Assessment Year 2018-19 and GST Return of the Company for the year 2018-19. 11. The provision pertaining to the restoration of the name of the Company as provided in Section 252 (3) is reproduced below: Section 252(3) : (3) If a company, or any member or creditor or workman thereof feels aggrieved by the company having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bankers about restoration of the name of the company so as to defreeze its accounts. II. The issue of Director Identification Number (DIN) in respect of the Directors of the Company shall be separately dealt with by the Registrar of Companies (RoC). 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. III. The Appellant 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. IV. The shareholders of the appellant com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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