9911796707
TMI Blog2021 (1) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 on 11-2-1958 under the Company's Act 1956. The corporate identification Number (CIN) of the company is U01119KL1958PTC001771, having its registered office at "Iakgnus" TC No. 3/1913, Pattom, Trivandrum - 695 004. As per the memorandum of association, the main business of the appellant company is as follows: "To acquire by purchase or otherwise and to carry on the business of estate owners, cultivators, planters, growers and manufacturers of sellers and dealers in all kinds of agricultural and natural products in India including tea, rubber, coff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any before the Hon'ble High Court of Kerala on 5-4-2016 and by its order delivered on 22-5-2017, set aside the award of the Hon'ble lok adalat dated 22-11-2002, thereby invalidating the sale deed dated 22-11-2002 of the SRO, Anchal. 4. In view of the fact that the property has now been restored and in the hands of the company, the present directors of the company are keen to restart the plantation business of the company and to undertake further commercial usage of the said property. The appellant also stated that unless the company is made active, the appellant and the other shareholders would not be in a position to take the benefits of the order of the Hon'ble High Court of Kerala in view of the invalidation of sale deed. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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'. 8. It is further stated by the RoC, Kerala, in the instant case, on verification of the documents of the subject company it was found that the company has not filed its balance sheets and annual returns since 2011. It had been defaulting in filing its balance sheet for the financial years ending 31-3-2003 to 31-3-2016 and annual returns for the years 2002 to 2016. RoC stated that the subject company has violated the provisions of Sections 220/162/92/137 of the Companies Act, 1956/Companies Act, 2013. RoC also stated that as per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies" 12. The present a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rected to file the statutory document(s)from 2016-17 to 2019-20 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. If no statement from 2003 is available, the appellant can file a NIL statement of that period with the RoC. The appellant is directed to submit a declaration from the Directors regarding the deposits made during the demonetization period with the Registrar of Companies. ii. The appellant is directed to pay the costs of Rs. 50,000 (Rupees Fifty Thousand only) to the account of Central Government in favour of the Pay & Accounts Officer, Ministry of Corporate Affairs, Southern Re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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