TMI Blog2021 (7) TMI 1176X X X X Extracts X X X X X X X X Extracts X X X X ..... in the interest of all the stakeholders including members of the Company, its employees as well as the revenue and the Applicant itself who seeks restoration of the name of the Company in the register being maintained by RoC. The Registrar of Companies, Chennai is ordered to restore the original status of the Applicant Company viz. M/s. Shifa Housing Private Limited as if the name of the Company has not been struck off from the Register of Companies with resultant and consequential actions like changing the status of Company from strike off to Active - Application allowed. - CA/462/2020 - - - Dated:- 20-7-2021 - R. Sucharitha , Member (J) And Anil Kumar B. , Member (T) For the Appellant : S. Viswanathan, Chartered Accountant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce the date of its incorporation with the Respondent/RoC and hence the Respondent had initiated proceedings under the provisions of Section 248 of the Companies Act, 2013 and consequently struck off the name of the Company from the Register maintained by them. It is submitted that the Respondent/RoC has issued a notice in STK-7 on 09.08.2018 and to the said effect the publication is made in the Gazette of India dated 18th - 24th August, 2018 in S. No. 3766. 5. The reason for non - filing of the returns for the Financial Statement with the Respondent/RoC is stated to be that the Company had engaged the services of a Consultant for filing the returns, but the said Consultant had not filed the Financial Statements and Annual Returns with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tances of the case. 7. We have considered the plea of the Applicant Company and the Respondent/RoC as well. The Applicant is seeking restoration of its name in the register as maintained by RoC by relying upon the ground that the Applicant Company as of date is carrying on the business for which it was incorporated and it is in operation and in the circumstances, it is just that the name of the Company should be restored on the Register of Companies as maintained by the Respondent. In order to sustain the said plea, the Applicant has placed the following evidences: i. Income Tax Return Acknowledgement for the Assessment Year 2019-2020; ii. VAT Certificate; and iii. Bank Statement 8. Further, it is also seen from the ty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the Companies Act, 2013 for the period from which there has been default with requisite charges/fees as well as additional fee/late charges. (iii) That 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.Qov.in under miscellaneous fees by mentioning the particulars as payment of cost for revival of Company . (iv) Till all compliances are made by the Company, the Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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