TMI Blog2021 (1) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... from the material on record that at the time of its name being struck off, the Company was doing its business or carrying its operations - In this case, Registrar of Companies also did not have objection for restoration of the Company's name in the Register. Moreover, the appellant produced on record the copies of Audited Annual Accounts, for all defaulting years. The appellant submitted that the Company will comply with all the statutory obligations. The Registrar of Companies, Odisha may be directed to restore the Company's name in the Register. We accept the contention of the appellant that the Company was a going concern when its name was struck off. Therefore, in the facts and circumstances of the matter and the documents/de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the company is ₹ 3,00,000/- (Rupees Three Lakh only) divided into 30,000 (Thirty Thousand) Equity Shares of ₹ 10/- (Rupees Ten each). During the relevant time, the Company was managed by three directors namely, Mr. Bulei Charan Sahoo (DIN-02483472) Mr. Manoj Kumar Mahapatra (DIN- 05263978) and Mr. Pankajini Pani (DIN- 06412488) to carry out objectives of the Company. 3. The main objects of the Company are: - (i) To carry on the business in the field of information and communication technology, software designing, internet service, computer application, project integration and maintenance, hardware software, , maintenance support, call centre, business process, out sourcing, knowledge process out sourcing, IT con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eturns is not intentional on their part and attributed financial constraints to be the reason for the same. 5. The appellant further states that all assets of the Company remained intact and it never became defunct. The Company has remained functional since its incorporation till date and has also convened its Annual General Meetings regularly where shareholders approved duly audited Financial Statements of the Company. Therefore, it cannot be concluded that the Company is not carrying on its business or its operations. 6. In order to sustain the said plea, the appellant has placed before this Tribunal, the following evidence: (i) Copy of COI and Memorandum of Association and Articles of Association; (ii) Copy of Bank State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Notice in the Official Gazette, the Company stood dissolved on and from 24.10.2019. The Hon'ble NCLT, Cuttack Bench may consider the application/petition preferred under Section 252 of the Companies Act, 2013 on its own merits and as deemed fit and proper. 8. Section 252(3) of the Companies Act, 2013 confers on this Tribunal powers to order to restore the name of the Company in the Register maintained, provided such application is filed by (i) the Company or (ii) by any Member or (iii) any creditor or (iv) any workmen of the Company within 20 years from the date of publication of the notices under Section 248 (5) in Official Gazette about striking off of the name of such Company provided further that it is seen from the mater ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the account reflect that the account is operative and also that the company was doing business in defaulting years. It has submitted Income Tax Return for Assessment Year 2018-19. 10. Meanwhile, the applicant has submitted an additional affidavit dated 05.10.2020 and inter alia submitted copy of GST payment receipts for the Goods and Services Tax. They also submitted details of work order received in connection with some Government projects. 11. We have heard learned Counsel/Company Secretary appearing for the appellant as well as respondent. The appellant submitted that the Company will comply with all the statutory obligations. The Registrar of Companies, Odisha may be directed to restore the Company's name in the Register. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as payment of cost for revival of Company. (v) The appellant is permitted to deliver a certified copy of this Order with ROC, Odisha within 30 days of the receipt of this Order. (vi) On such delivery and after duly complying with above directions, the Registrar of Companies Odisha is directed to, on office name and seal, publish the Order in the Official Gazette; (vii) This Order is confined to the violations, which ultimately leads to the impugned action of striking off of the Company, and it will not come in the way of ROC, Orissa to take appropriate action(s) in accordance with law, for any other violations/offences, if any, committed by the appellant company prior to or during the striking off the company. (a) The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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