TMI Blog2021 (7) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... the Register of Companies. A step as stringent as what has been taken at least requires an opportunity to the appellant to take remedial measures. Merely to disallow restoration on grounds of its failure to file annual returns would neither be just nor equitable - As per several decisions of various courts it should only be an exceptional circumstance that court should refuse restoration where the company has been struck off for its failure to file annual return as that would be excessive or inappropriate penalty for that oversight. It is therefore the Registrar of Companies, the Respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the Company has not been struck off from the Registrar o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubs, cold storages, cinema halls, water works, bridges, roads, holiday resorts, shopping cum residential complexes and to develop, erect, install, alter, improve, add, establish, renovate, recondition, protect, participate, enlarge, repair, demolish, remove, replace, maintain, manage, buy, sell lease, let on hire, commercialize, turn to account, fabricate, handle and control all such buildings and structures and to purchase sale or deal in all types of movable or immovable properties for development investment or for resale and to act as buyer, seller importer, exporter, agent, consultant, distributor, stockiest, hirer, let on lease or otherwise to deal in all types of raw materials goods, fittings, parts, accessories, knowhow, consumables, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of 248 of Companies Act, 2013 Read with Rule 3 of the companies (Removal of names of Companies from Register of companies) rules 2016 after providing reasonable opportunity of being heard. No reply to the said Show Cause notice dated 19th August, 2019 was received from the Company or its Directors. Further stated that neither any representation was received from company/its directors nor was any objection received from any person and accordingly, the company was dissolved as the company failed to file its Annual return and Balance Sheets after 2016. 4. Further, the Income Tax Authorities in its representation mentioned that the company has been struck off for not fulfilling with the statutory and regulatory compliances from the year en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall file all the outstanding statutory documents i.e. the Financial statements and Annual returns upto date. 8. Heard the rival sides and perused the record. It is not in controvert that the Appellant Company incorporated on 28.02.2006 and is involved in business of in business of builders, contractors, designers, architects, decorates, furniture, consultancy, contractors, financers and brokers of all type of buildings and structures etc and has not filed annual returns and balance sheets. The documents relied upon by the Appellant unmistakably demonstrate that the Appellant Company is a living entity. 9. This Tribunal has examined the relevant provision applicable for restoration of the name of the company as provided in Section 25 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not been struck off from the Registrar of Companies and take all consequential actions such as change of Company's status from 'Strike Off' to 'Active' (for e-filing) etc. 13. The Appellant Company is directed to file all the statutory document(s) along with prescribed fees/additional fee/fine as decided by RoC within thirty days from the date on which its name is restored on the Register of Companies by the RoC. 14. The restoration of the Company's name is also subject to the payment of cost of ₹ 50,000/- (Rupees Fifty Thousand Only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as payment of cost for revival of Company pursuant to orders of NCLT in CA No. 0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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