9911796707
TMI Blog2021 (8) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Web Private Limited" (hereinafter referred as "Company") under Section 252(3) of the Companies Act, 2013 (hereinafter referred as "Act") praying for restoration of the Company's name in the Register of Companies maintained by RoC, Delhi and Haryana (hereinafter referred as RoC). 2. As per the master data, the Company was incorporated on 24.12.2013 and its CIN is U72300HR2013PTC051411. The authorised, issued, subscribed and paid-up capital of the Company is Rs. 1,00,000/- divided into Rs. 10,000/- equity shares of Rs. 10 each. The Memorandum & Articles of Association are at Annexure A-3 of the petition. The main objects of the Company are:- "1. To carry on the business of web applications, information technology, software developme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Branch and the same is found at Annexure-12. 5. It is further submitted that the company has liabilities amounting to Rs. 2,46,548/- as is evident from the audited financial statement for the financial year ending 31.03.2019 (Annexure A-10). The Company has been in operation and has earned the revenue from operations for the last 4 financial years and the details of the same is given below:- Financial Year Revenue From Operations In ( Rs.) 2015-16 2433999.89 2016-17 2283946.66 2017-18 318491.27 2018-19 310820.00 Copies of the audited financial statements for the Financial Years 2015-16, 2016-17, 2017-18 and 2018-19 are attached as Annexures A-7, A-8, A-9 and A-10 respectively (page No. 49 to 87 of the petition). 6. By order d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns have been filed for Assessment Years 2015-16 to 2019-20 and that the returns for Assessment Years 2014-15, 2016-17 and 2018-19 are not filed. It is reported that no demand is outstanding in the case of the Company. 9. The Respondent No. 3 has filed its reply vide Diary No. 0858/1 dated 24.08.2020 wherein it has been submitted that respondent No. 3 holds 50% share in the Company and he was not associated with the Company since 2017. The Company has not prepared the balance sheets and those were never considered in any meeting of the Board of Directors. It is also maintained that since the name of the company has been struck off, the applicant-company has no right to enter into employment agreements. The filing of Income Tax Returns for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies." 13. A careful examination of the various documents filed on behalf of the petitioner and the averments made on his behalf reveals that the company was not in operation prior to the date of striking off its name. Various documents pertaining to the period subsequent to the striking off the name of the company filed alongwith the petition cannot be taken into consideration for the purpose of restoring the name of the company. On the other hand, 50% shareholder and the second and remaining Director of the company who is the third respondent in the CP categorically contended ..... X X X X Extracts X X X X X X X X Extracts X X X X
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