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TMI Blog2021 (7) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... e Order dated 22.07.2017 has Struck Off the name of the Company under Section 248(5) of the Companies Act, 2013 and Rule 9 of the Companies (Removal of names of Companies from the Register of Companies) Rules, 2016. Mr. Satyajit Pattnaik (DIN: 02827720), one of the directors and shareholders of the Company has filed this application under Section 252(3) of the Companies Act, 2013 with a prayer to direct the ROC, Odisha to revoke the impugned order. 2. As per the averments, the Company is a Private Limited Company, limited by shares under the provisions of the Companies Act, 2013. The authorised share capital of the Company is Rs. 10,00,000/- (Rupees Ten Lakh only) divided into 1,00,000/- (One Lakh) Equity Shares of Rs. 10/- (Rupees Ten onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same. 4. The appellant states that the Registrar of Companies, Odisha i.e. the Respondent herein struck off the petitioner company's name form the Register due to defaults in statutory filing compliances, namely, failure to file Financial Statements and Annual Returns for the period 2009-10, 2010-11, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18 and 2018-19. The Appellant further states that non-filing was due to certain management issues, even though the Company was in operation. Consequently, the Registrar of Companies initiated proceedings under Section 248 of the Companies Act, 2013, for the purpose of striking off the name of the company of the Register maintained by the Registrar of Companies under Section 248(5) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice was received by this office. Subsequently, this office published in the Official Gazette and Newspaper for the information of the general public regarding Strike Off the name of the said company if Form No. STK-5/5A. Finally, after the expiry of the time mentioned in the above notice the Registrar Struck Off the name of aforesaid Company from his Register and published the same in Form No. STK-7 in the Official Gazette dated 22.07.2017 and on the publication of such Notice in the Official Gazette, the Company stood dissolved on and from 21.06.2017. "In view of above, the Hon'ble National Company Law Tribunal Cuttack Bench may consider the appeal/petition preferred under Section 252(3) of the Companies Act, 2013 on its own merit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than the above stated financial statements the appellant has filed along with the application a copy of Income Tax return Acknowledgement for the Assessment Year 2019-20, which indicate Gross Total Income of Rs. 1,74,740/- and amount of Rs. 51,354/- paid as tax. 10. The Appellant has produced a copy of bank statement for the period 01.04.2019 to 31.03.2019 which indicate that the Company is maintaining Bank Account No. 510101005003376 with Corporation Bank. 11. The above details prima facie suggest that the Company is a going concern and was in operation when its name was struck off. 12. Heard learned Counsel/Company Secretary appearing for the appellant. The appellant submitted that the Company shall comply with all the statutory oblig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellaneous fee by mentioning particulars as "payment of cost for revival of Company." (v) The appellant is permitted to deliver a certified copy of this Order with ROC, Orissa within 30 days of the receipt of this Order. (vi) On such delivery and after duly complying with above directions, the Registrar of Companies Odisha is directed to, on office name and seal, publish the Order in the Official Gazette; (vii) This Order is confined to the violations, which ultimately leads to the impugned action of striking off of the Company, and it will not come in the way of ROC, Orissa to take appropriate action(s) in accordance with law, for any other violations/offences, if any, committed by the appellant company prior to or during the striking ..... X X X X Extracts X X X X X X X X Extracts X X X X
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