TMI Blog2021 (7) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... was incorporated. Taking into consideration the provisions of Section 252 of the Companies Act, 2013 and more particularly the 'just' ground as envisaged under sub - section (3) of Section 252 of the Companies Act, the restoration of the name of the Applicant Company in the register maintained by the Respondent, is ordered, subject to the directions imposed. Application allowed. - CA/188/2020 and MA/1029/2020 in CA/188/2020 - - - Dated:- 31-3-2021 - R. Varadharajan, Member (J) And Anil Kumar B., Member (T) For the Appellant : S. Lakshmanasamy , Advocate ORDER R. Varadharajan , Member ( J ) 1. Under consideration is an Application filed by one Mr. Subramani Sukumar (DIN : 7510688) in the capacity as a Dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the Respondent/RoC has issued noticed in Form STK-1 on 08.06.2018 and Form STK-5 on 23.06.2018 and finally Form STK-7 on 18.08.2018. 5. The reason for non - filing of the returns with the Respondent/RoC is stated to be that the Company has engaged the services of a Company Secretary to perform the task of filing the returns with the office of the Respondent, however they have not filed the same and also did not reveal the fact to the Directors of the Company. Hence, the Applicant has filed the present Application seeking thereof to restore the name of the Company in the Register maintained by the Respondent/RoC on the grounds that the Company is active and carrying on its business for the purpose of which it was incorporated. 6. U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atment Plants 9. Upon perusing the aforesaid documents, it is seen that the Company has not placed on record any document to show that they have been active and carrying on its business operations immediately two years preceding the date of strike off. However, a perusal of other communications exchanged between the Government of Tamil Nadu and Applicant Company and also from the Memorandum of Understanding, it is seen that the Company is having future prospects of running the same for the purpose of which it was incorporated. The Hon'ble High Court at Delhi while dealing with the 'just ground' as envisaged under the Companies Act, in the matter of M.A. Panjwani -vs- Registrar of Companies Ors. 2015 192 Comp Cas 380(Delhi) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of that industry which would result in the generation of revenue. 11. Thus, taking into consideration the provisions of Section 252 of the Companies Act, 2013 and more particularly the 'just' ground as envisaged under sub - section (3) of Section 252 of the Companies Act, we order for restoration of the name of the Applicant Company in the register maintained by the Respondent, subject to the following directions namely: 12. The Company shall: (i) Within a period of 15 days from the restoration of the Applicant Company's name in the register being maintained by the RoC, the Applicant/petitioner will file inter alia its annual returns and balance sheets as well other compliances statutorily required to be made under th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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