TMI Blog2021 (11) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... reholder of the Company. Admittedly, the relevant documents which are to be filed, are ready with the Company and the Company is willing to file the same, if so permitted. The Company has not deposited heavy cash in its Bank Account during the period of demonetization. Copy of Bank statement along with demonetization affidavit is enclosed to the Application - By exercising the powers conferred on this Tribunal under Section 252 of the Companies Act, 2013, and Rule 87A of NCLT (Amendment) rules 2017, R/w NCLT Rules, 2016 and basing on the assurance given by the Learned representative for Applicant that Company would be making good all pending statutory compliances on restoration of the Company, it is deemed to be a fit case to order resto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies Act, 1956, on 14.10.2010. Copy of Memorandum and Articles of Association of the Company is enclosed to the application as Annexure-I. b. It is averred that Registrar of Companies has initiated the proceedings under Section 248 of the Companies Act, 2013 for striking off the name of the Company from the Register maintained by the Registrar of Companies due to defaults in the statutory compliances for the financial years 2010-11 to 2015-16. c. It is averred that Company has been active since incorporation and has also been maintaining all the requisite documentation, as per the provisions of the Companies Act, 2013. d. It is averred that the accounts of the applicant Company were prepared and entrusted the task to on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period affidavit. SUBMISSIONS BY RESPONDENT/ROC: 3. The Registrar of Companies, Hyderabad has filed Report dated 03.03.2021, stating that the company was incorporated on 14.10.2010 and its address of the registered office etc. were also stated. While submitting the above facts, the RoC has observed that the Company had defaulted in filing Financial Statements and Annual Returns for more than two years. Accordingly, Notice under section 248(1) of the Act was issued to the company and its directors. Further STK-5 Notice dated 05.05.2017 was issued and the same was published in the Government of India Gazette. Newspaper publication was also made informing all the stakeholders about the list of companies published in the website. Fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat Applicant is neither a director nor shareholder of the Company. Admittedly, the relevant documents which are to be filed, are ready with the Company and the Company is willing to file the same, if so permitted. We are satisfied with the reasons shown by the Applicant for restoration of the name of the Company in the register of companies maintained by the Respondent. 10. The Company has not deposited heavy cash in its Bank Account during the period of demonetization. Copy of Bank statement along with demonetization affidavit is enclosed to the Application. 11. By exercising the powers conferred on this Tribunal under Section 252 of the Companies Act, 2013, and Rule 87A of NCLT (Amendment) rules 2017, R/w NCLT Rules, 2016 and basin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Companies, Hyderabad is directed to, on his office name and seal, publish the order in the official Gazette; 5. 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. 07/252/HDB/2021 . 6. This order is confined to the violations, which ultimately led to the impugned action of striking of the Company, and it will not fetter ROC to take appropriate action(s) in accordance with law, for any other violations/offences, if any, committed by the company prior or during the strik ..... X X X X Extracts X X X X X X X X Extracts X X X X
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