9911796707
TMI Blog2019 (10) TMI 1482X X X X Extracts X X X X X X X X Extracts X X X X ..... Combine Associate Private Limited ('Company'), under Section 252 (3) of the Companies Act, 2013 seeking a direction to the Registrar of Companies, Jaipur ('RoC') to restore the Company in the Register of Companies. Pursuant to sub Section 5 of Section 248 of the Companies Act, 2013 ('Act') and Rule 9 of the Companies (Removal of names of Companies from the Register of Companies) Rules, 2016, the name of the Company was struck off from the Register of Companies by Respondent No. l, the Registrar of Companies, herein vide Notice No. ROCJP/STK-7 in Form No. STK-7 dated 20.09.2018. The copy of the said notice dated 20.09.2018, thereby striking off the name of the company is annexed with the appeal. 2. The Company was in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns have been stated but it appears that there have been disputes inter-se the shareholders. 5. The Applicants have submitted that the Ilon'ble High Court of Rajasthan vide its order dated 20.02.2014 directed the Registrar of Companies, Rajasthan to restore the name of the Company and also directed the directors of the Company to furnish the statutory returns and balance sheet of the previous years. The Hon'ble High Court had given liberty to the ROC to take appropriate action against the Directors as per law on non-compliance by them. 6. The Applicants have further submitted that there are various litigations pending against the Company, its directors and its shareholders. The details of the same are as follows: i. Execution App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l the pending years as required under the provisions of the Companies Act, 2013 along with the necessary fees. 8. During the course of hearing, the Counsel for the Respondent Nos. 3,4 and 5, i.e. suspended directors of the Respondent No. 2 Company, has submitted that he does not want the Company to be restored. In the backdrop of the pending litigation, this seems to be a self-serving submission that does not have firm basis or merits. Counsel for the Income Tax department has submitted that the Applicants have not provided the PAN no. of the Company, and because of that they are not able to ascertain the liabilities towards the Income Tax Department.However, the Income Tax department has not filed any reply. 9. Section 252 (3) contemplat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Limited, vide Notice No. ROCJPR/STK-7 in Form No. STR-7 dated 20.09.2018 of Registrar of Companies is set aside. The restoration of the Company's name to the Register of Registrar of Companies is ordered. The Company and its directors are directed to file all outstanding documents with proper filing fees along with additional fees required under law and complete all the formalities, including payment of any late fee or any other charges which are leviable under applicable laws for the late filing of statutory returns. The Company is also directed to pay costs of Rs. 10,000/- to the Prime Minister's National Relief Fund. If the said amount is not deposited by the Company, the directors of the Company will jointly/severally liable for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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