TMI Blog2021 (5) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... pportunity of being heard was given. With regard to the submissions of the Appellant that the Respondent failed to send the notices, did not give a fair chance to make representations, did not give any opportunity of being heard, we find that the Respondent issued Notice in Form STK-1 and STK-5 dated 19.07.2018. The name of the Company was also published on the website of Ministry on 19.07.2018 as well as in leading newspapers Times of India and Maharashtra Times on 21.07.2018 and in the Official Gazette on 04.08.2018. Finally, the dissolution order was also published on the website of the Ministry vide STK-7 on 12.09.2018. The contentions of the Appellant are thus frivolous and cannot be accepted - Further it is observed that despite th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m any oil bearing substances, bleachers, dyers and printers of yarn and cloth etc.... 3. The Company has failed to file its Financial Statements and Annual Returns for six Financial Years from 2013-2014 to 2018-2019. 4. The Appellant submits that the Respondent failed to send the notices required under section 248(1) of the Act. The Appellant was trying to file the Annual Returns and Financial Statements with the Respondent but was unable to file the forms. With Professional help the Appellant came to know that the Respondent vide public notice under section 248(5) of the Act, published the name of the Appellant Company in the Official Gazette on 04.08.2018. 5. In relation to the above notice, the Company was seeking legal opinio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of the Company: (a) The Respondent issued Notice in Form STK-1 to the Company and its Directors informing the intention of the Registrar to strike off the name of the Company and requesting them to submit, within thirty days, cause contrary to the said action. (b) Further, as required under rule 7 of the Companies (Removal of Names of Companies from the Registers of Companies) Rules, 2016 (the Rules) the name of the Company was published on the website maintained by the Ministry vide STK-5 dated 19.07.2018 and published public notice so as to receive any objection to the said intention of the Respondent. (c) In addition to the publication of the name of the Company on the website of the Ministry, the name was also published ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of justice the name of the Company may be restored in the Register of Companies maintained by the Respondent to accord it an opportunity to complete all pending filings. Given the above facts and circumstances, we are satisfied that the prayer sought by the Appellant Company may be allowed. Hence ordered. ORDER The Company Appeal CP No. 1112/252(1)/MB/C-II/2020 by the Appellant Company be and the same is allowed on contest. The impugned order dated 12.09.2018, striking off the Company's name, is set aside. The name of the Company be restored in the Respondent's Register of Companies, subject to the following. i. The Appellant shall within two months hence file all the pending financial statements and annual and statutory ..... X X X X Extracts X X X X X X X X Extracts X X X X
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