TMI Blog2020 (12) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... not carrying on the business. The Bench observes that the Petitioner Company has generated Revenue from operations, has Non-Current Assets, Current Assets Long-Term Borrowings in its Books of Accounts. Therefore, it would be just, equitable and in the interest of justice to provide an opportunity to the company to rectify its defaults and continue the business. The Respondent Registrar of Companies, Maharashtra, Mumbai, is directed to restore the name of the Petitioner Company, to the Register of Companies subject to payment of a sum of ₹ 40,000/- as cost - Application allowed. - CP No. 1184/252(3)/MB-IV/2020 - - - Dated:- 24-11-2020 - Mrs. Suchitra Kanuparthi : Member (Judicial) And Mr. Rajesh Sharma : Member (Technical) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Companies, Maharashtra, Mumbai struck off the name of the Petitioner Company from the Register of Companies maintained by them without issuing notice in Form STK-5 under section 248(4)(1) for removal of the name of the Company from the Register of Companies under section 248(1) of the Companies Act, 2013 and rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 due to defaults in statutory compliances, namely, failure to file Financial Statements and Annual Returns 2015-16 and 2016-17 and for not carrying on any business or operation for a period of immediately preceding two years and neither made any application within such period for obtaining the status of Dormant Company under section 45 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he business. 10. It is also observed that the Respondent RoC has submitted his Report dated 25.08.2020. It is seen from the Report of Respondent RoC that the Respondent issue in Form STK-1 Notice to the Company and it directors informing the intention of the Registrar to strike off the name of the Company. Also a Public Notice vide STK- 5 dated 19.07.2018 was published on the web site maintained by the Ministry and published in the Official Gazette on 04.08.2020 seeking objections against the proposed striking off of the name of Company from the records of RoC. 11. It is also observed from the Report of the Respondent RoC that in absence of any representation against the proposed strike off action, the Registrar struck off the name of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue the business. 14. Given the above facts and circumstances, we are satisfied that the prayer sought by the Petitioner company deserves to be allowed. 15. Accordingly, Company Petition bearing CP No.1184/252(3)/MBIV/ 2020 filed by the Petitioner, Ensure Insurance Brokers Private Limited [CIN: U66010MH2009PTC191263], represented by its Director Mr. Jitendra Chandulal Jain [DIN: 00407220], under section 252(3) of the Companies Act, 2013, seeking restoration of the Company s name in the Register of Companies maintained by the Registrar of Companies, Maharashtra, Mumbai is allowed on the following terms: - (a) The Respondent Registrar of Companies, Maharashtra, Mumbai, is directed to restore the name of the Petitioner Company,viz., E ..... X X X X Extracts X X X X X X X X Extracts X X X X
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