TMI Blog2021 (1) TMI 723X X X X Extracts X X X X X X X X Extracts X X X X ..... in the register as maintained by RoC by relying up on the ground that the Applicant Company as of date is carrying on the business for which it was incorporated and it is in operation and in the circumstances, it is just that the name of the Company should be restored on the Register of Companies as maintained by the Respondent. From the record, it is seen that the name of the Company was struck off from the Register maintained by the Respondent/RoC on 29.10.2019 and it is incumbent upon the Applicant to demonstrate that two years immediately preceding 29.10.2019 that the Company has been active and carrying on its business activities. Taking into consideration the provisions of Section 252 of the Companies Act, 2013 which vests this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was incorporated on 14.11.2011 under the Companies Act, 1956 as a Private Limited Company bearing CIN: U52190TN2011PTC083124 having its registered office at 5/234, Plot No. 27, 4th Street, Kumaran Nagar, Mannivakkam, Chennai - 600 048, Kancheepuram District. 3. The main object of the Company is to carry on business as producers, growers, fabricators, processors, refiners, stockiest, agents, importers, exporters, traders, whole sellers, distributors, concessionaries or dealers of drugs, medicines, chemicals, spirits, mixtures, tonics, pigments, powders, tablets, pills, capsules, injections, oils, compounds, etc. The details of the main object are set out in the Memorandum of Association which is filed along with the typed set of document ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the respondent and has only sought for the following directions. a. The subject company may kindly be directed to prove that, it was carrying on business or was in operation and that it is just that the name of the company be restored to the register. b. The subject company may kindly be directed to file al/ pending financial statements and annual returns till date within specified time in case the prayer is granted. c. The shareholders of the subject company may kindly be directed to give an undertaking stating that, the accounts of the company were not used as means to transact tainted money during the period of demonetization. d. To pass such order which does not entitle the petitioner and other directors of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Register of Companies as maintained by the Respondent. In order to sustain the said plea, the Applicant has placed the following evidences: i. Copy of the Income Tax Returns for the Assessment Years 2016-2017, 2017-2018, 2018-2019 and 2019-2020. ii. Copy of the GST returns in Form GSTR-3B for the year 2019-2020. 9. From the record, it is seen that the name of the Company was struck off from the Register maintained by the Respondent/RoC on 29.10.2019 and it is incumbent upon the Applicant to demonstrate that two years immediately preceding 29.10.2019 that the Company has been active and carrying on its business activities. 10. Perusal of the GST returns shows that the Company has been active and has been paying its returns pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sheets as well other compliances statutorily required to be made under the Companies Act, 2013 for the period from which there has been default with requisite charges/fees as well as additional fee/late charges. (ii) That the Company out of its funds, set apart a sum of ₹ 2,00,000 (Rupees Two Lakhs Only) and deposit the same with the Respondent/RoC which amount shall be for the purposes of payment of all fees/charges as contemplated in clause (i) above as well as to defray the cost and expenses of Register of Companies incurred in striking off, within a period of one month from the date of this order. In case of any amount payable in excess of the sum specified towards defraying the cost incurred by the Respondent/ROC and towa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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