9911796707
TMI Blog2021 (1) TMI 865X X X X Extracts X X X X X X X X Extracts X X X X ..... me in the Register of Companies (RoC) for the State of Andhra Pradesh. 2. The Company was incorporated on 25.09.2012 vide (CIN: U45200AP2012PTC083272) under the Act in the erstwhile State of Andhra Pradesh. The Registered Office of the Company is situated at D.No. 1-5-599/M-301, Balaji Colony, Tirupati - 517 501, Andhra Pradesh. Appellant/Shareholder of the Company has filed this Application. 3. It is stated by the Appellant that the Authorised Share Capital of the Company is Rs. 5,00,000/- (Rupees Five Lakhs only) divided into 50,000 (Fifty Thousand) equity shares of Rs. 10/- each. The Issued, Subscribed and Paid-up Share capital of the Company is Rs. 5,00,000/- (Rupees Five Lakhs only) divided into 50,000 (Fifty Thousa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Returns and Balance Sheets from the date of incorporation i.e. for financial years from 2012-13 to 2018-19. The Company has filed Income Tax Returns for the above said periods. The failure on part of the Company in filing the Annual Returns and Financial Statements and not responding to the notices of the RoC is purely due to inadvertence and oversight beyond the personal explanation and control. The Appellant further stated that the Company was also in the process of engaging a professional for filing the Annual Returns with the RoC. 7. The Appellant submitted copies of Financial Statements, Annual Returns, Profit and Loss from the date of incorporation i.e. for the financial years from 2012-13 to 2018-19 and copy of the Bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above facts the RoC has stated that their Office has no objection in the Hon'ble Bench considering the present application for restoration of the name of Company back to the Register of Companies u/s 252 of the Companies Act, 2013 read with rule 87(A) of the NCLT Rule 2016 and that the application may be considered on merits and appellant may be directed to file all pending Financial Statements and Annual Returns with imposition of costs. 10. I have heard the Counsel for the Appellant and perused the records. The material available on record indicates that the failure of the Company to furnish the statutory returns with the RoC was not intentional. Apparently the Company has been carrying on its operations as the financial state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Consequently, the Bank Accounts if freeze shall get defreeze and to be operated by the Company. iii. Upon compliance, the RoC, Andhra Pradesh on receipt of the Order shall in his official name and stamp, publish the order in the Official Gazette and restore the name of the Company in the Register of Companies forthwith. iv. The status of the Directors shall be restored to same position as nearly as may be as if the name of the Company had not been struck off from the Register of Companies. The DIN of the Directors, if disqualified under section 164 (2) of the Act, shall accordingly be restored. v. The Order however shall not fetter the authority of the RoC to take appropriate action against the Company ..... X X X X Extracts X X X X X X X X Extracts X X X X
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