9911796707
TMI Blog2020 (12) TMI 840X X X X Extracts X X X X X X X X Extracts X X X X ..... ule 87A of the National Company Law Tribunal Rules, 2016, inter-alia seeking the following reliefs: i. To issue notice to the Respondent No. 1 to restore the name of the Company in register of companies under Section 252(3) of the Companies Act, 2013, ii. To direct the Respondent No. 1, to restore the original status of the Respondent Company, directors and all other stakeholders as if the name of the Company has not been struck off from the Register of Companies with resultant and consequential actions like changing the status of the Company from "Strike Off to "Active"; to activate the DIN's of the Directors of the Applicant Company. iii. Direct the respondent, to publish the order of this Hon'ble Tribunal in the official Gazette. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s with 1st Respondent (RoC) for a period of nine (9) years i.e., 2010-11 to 2018-19 due to lack of professional guidance and health issues of the promoter Director and did not involve any mala fide intention. f. The 1st Respondent i.e., (RoC, Hyd) has therefore initiated action under Section 248 of the Companies Act, 2013 for striking off the name of the 2nd Respondent Company from the Register of Companies and consequently the name of the 2nd Respondent Company was struck off from the Register of Companies vide Notice No. ROC(H)/248(5)/STK-7/Drive-III/1187/2019 dated 17.10.2019 after publication of public notice in the Gazette of India dated 31.08.2019 under Sl. No. 80. Therefore, the present Application is filed for restoration of the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, the counsel for the Applicant prayed to allow the instant Application. 2. The Registrar of Companies, Hyderabad who is the 1st Respondent herein, has filed his report dated 24.08.2020 vide no. ROCH/LEGAL/SEC252/044851/VCCPL/JTA(S)/2020/430 wherein the details of the 2nd Respondent such as date of incorporation, address of the registered office etc., and also the details of the Shareholding Pattern, Capital Structure and history of compliance has been furnished. While submitting the above facts the ROC has raised the following objections in its Report and prayed to dispose the instant application on merits: Para 9(2): The Company had defaulted in filing the financial statements and annual returns for more than 2 years and hence identi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9(5): In all the Audit Reports it is observed that the details of disqualification of directors is silent when the company has not filed Annual Returns and balance sheet since 2011 onward (sic) Para 9(6): The applicant may be put to strict proof of having done the business along with the supporting documents. 3. Heard. Perused pleadings and the documents filed in support of the contentions of both the parties. ORDER 1. Having satisfied with the reasons as mentioned in the Application, and the evidence in support of the contention that the Company is a going concern, this Tribunal is of the opinion that it would be just and proper to order restoration of name of the 2nd Respondent Company in the Register of Companies. In view of the av ..... X X X X Extracts X X X X X X X X Extracts X X X X
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