TMI Blog2021 (7) TMI 1008X X X X Extracts X X X X X X X X Extracts X X X X ..... abad and after going through the provisions of Section 252(3) of the Companies Act, 2013, this Tribunal is of the view that the Company was in existence and it is a going concern and name of the Company to be restored in the Register of Companies as maintained by RoC. The Registrar of Companies, the Respondent herein, is ordered to restore the original status of the Company as if the name of the company has not been struck off from the Register of Companies and take all consequential actions like change of company's status from 'Strike off' to Active (for e-filing) and to intimate the bankers about restoration of the name of the company so as to defreeze its accounts. The name is restored - application allowed. - CA No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, thermal, noise and vibrations and to provide engineering and sciences such as structural, thermal, computational fluid structural interactions, design optimization and optimization of product cycle based on finite element modelling and analysis and support design teams in static, dynamic, transient linear and non-linear analysis etc. A copy of the Memorandum and Articles of Association of the Company is annexed as Annexure-1 at page nos. 22 to 45 of the application. c. The Authorised Share Capital of the Company is ₹ 1,00,00,000/- (Rupees One Crore only) divided into 1,00,000 Equity Shares of ₹ 10/- each with powers to increase or reduce or alter the same. The shareholding pattern of the company is shown at page no. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt stated that the matter involved in this petition is not pending before any Tribunal or any other Authority. j. The Applicant stated that the Application is within the limitation under Section 252(3) read with Section 433 of the Act. k. The Applicant enclosed the following documents giving justification/substantiating that the Company has been operational as under:- i. A copy of Certificate of Incorporation of the Company and Memorandum Articles of Association of the company; ii. Copies of Audited Financial Statements of the Company for the Financial Years from 2013-14 to 2018-19. iii. A copy of Income Tax Return alongwith Computation Statement for the Assessment Year 2019-20. iv. Affidavit verifying no tai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 016 to 31.03.2019 the Applicant's Company Revenue from Operations is zero . Thus, the Applicant did not carry any business before its strike off and hence the Applicant needs to state what purpose will be served by restoration of the company. v. The Respondent stated that DIN of directors were freezed by this Registrar on account of disqualification under Section 164(2) of the Companies Act, 2013 and hence the removal of disqualification of director or reactivation of DIN may not be ordered. vi. The Respondent stated that the Applicant may be put under strict proof of having done the business along with the justification and supporting documents produced by the petitioner. 4. Section 252(3) stipulates that Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assets of ₹ 8,78,000/- and Revenue from Operations is Nil. 7. After hearing the Learned Counsel for Applicant and after perusal of material documents on record, the report of the RoC, Hyderabad and after going through the provisions of Section 252(3) of the Companies Act, 2013, this Tribunal is of the view that the Company was in existence and it is a going concern and name of the Company to be restored in the Register of Companies as maintained by RoC. ORDER 8. By exercising the powers conferred on this Tribunal under Section 252 of the Companies Act, 2013, and Rule 87-A of NCLT (Amendment) Rules 2017, R/w NCLT Rules, 2016, the Company application bearing CA No. 17/252/HDB/2021 is disposed of with the following directions: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re compliance of this order. 7) The restoration of the Company's name is also subject to the payment of cost of ₹ 90,000/- (Rupees Ninety 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 Hon'ble NCLT in CA No. 17/252/HDB/2021 . 8) The Applicant is permitted to deliver a certified copy of this order with ROC within thirty days of the receipt of this order. 9) On such delivery and after duly complying with the above directions, the Registrar of Companies, Hyderabad is directed to, on his office name and seal, publish the order in the official Gazette; 10) This order is confined to the viol ..... X X X X Extracts X X X X X X X X Extracts X X X X
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