TMI Blog2021 (4) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... before finally striking off Company, has to satisfy himself that sufficient provision has been made for the realization of all amounts due to the Company and for the payment or discharge of its liabilities and obligations by the Company within a reasonable time, and, if necessary, obtain necessary undertakings from the Managing Director, Director or other persons in charge of the management of the Company. It is also not in dispute that the instant Company Petition is filed in accordance with law; there are no investigations pending against the Company; the Respondent has not opposed the Petition; and left the issue to Tribunal to consider the case subject terms and conditions. The Directors/Shareholders of the Company has undertaken to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11PTC058742 and having its registered office situated at 15/2, 2nd Main Road, Maruthi Nagar, Nagarbhavi, Bengaluru - 560 072. The Authorised Share Capital of the Company is ₹ 1,00,000/- divided into 10,000 Equity Shares of ₹ 10/- each and Paid-up Share Capital of ₹ 1,00,000/- divided into 10,000 Equity Shares of ₹ 10/- each. The main objects of the Company are to act as financial consultants, management consultants, manpower and human resource consultants and provide advice, services consultancy in various fields, general administrative, secretarial, commercial, financial legal, economic, labour, industrial, public relations, scientific, technical direct and indirect taxation etc. (2) It is stated that the Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tatus of the Company to 'Active' and will not give any scope to RoC to issue such kind of notices. The details of the assets and liabilities and Income Expenditure of the Petitioner Company immediate past two FYs 2017-18 2018-19 are as under: (7) It is also stated that the Company has filed IT Return for the Assessment Year 2020-21 with the IT Department. Therefore, it is necessary to restore the status of the Company from 'Strike off to Active' as the Petitioner Company is doing business, which is now stopped for the time being, and unless the status of the Company is restored to 'active'. (8) The present Directors/shareholders of the Company has given Affidavits and undertaking that they will file all the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was shown either to the physical notices or to the website, Gazette and newspaper notices either by the Company or its Directors, and also since no Balance Sheet or Annual Return was filed by the Petitioner Company till the day on which the list of defaulting Companies were crystallized, the Respondent proceeded to strike of the name of the Company from the Register of Companies and published a Notice in STK-7 in the Official Gazette on 01.09.2018 stating that from 21.08.2018 names of the Companies mentioned therein including the Petitioner Company have been struck off from the Register of Companies as per Sec. 248(5) of the Act. The Respondent has complied with all the procedure prescribed u/S. 248 of the Companies Act, 2013 before remov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or a Company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any Application within such period for obtaining the status of a dormant Company U/s. 455. However, Section 248(6) states that the Registrar of Companies, before finally striking off Company, has to satisfy himself that sufficient provision has been made for the realization of all amounts due to the Company and for the payment or discharge of its liabilities and obligations by the Company within a reasonable time, and, if necessary, obtain necessary undertakings from the Managing Director, Director or other persons in charge of the management of the Company. Though the impugned striking off the Company was in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nies; (2) The Company is directed to file all the statutory document(s) along with prescribed fees/additional fee/fine as decided by Registrar of Companies within 30 days from the date of receipt of copy of the Order; (3) The Company's representative, who has filed the Company Petition, is directed to personally ensure compliance of this order; (4) The restoration of the Company's name is also subject to the payment of cost of ₹ 25,000/- (Rupees Twenty Five Thousand Only) to be paid online to the account of Central Government in favour of the Pay Accounts Officer, Ministry of Corporate Affairs, Southern Region, Chennai, within three weeks from the date of receipt of this order, failing which the order will lapse. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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