TMI Blog2022 (1) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... ister and 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. X-Factor (India) 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. - CP/90(CHE)/2021 - - - Dated:- 15-12-2021 - S. Ramathilagam, J. (Member (J)) And Anil Kumar B., Member (T) For the Appellant : A. Kumar Redd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is filed along with the typed set of documents in Annexure 3 . 4. It is seen from the records that the Company has not filed its financial statements and annual returns from 2013-14 to till date 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 was made in the Gazette of India dated 18th - 24th of August, 2018 in S. No. 4904. The Respondent or Roc stated that the petitioner has stated that the default was due to failure of the Consultant who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documents; i) Copy of Electricity Bill, Water Tax and Property tax bills from 2013-2014 to 2019-2020; ii) Copy of Bank Statements from 2014 to 2019-2020; iii) Copy of bills for proof of expenses incurred from 2013-2014 to 2018-2019. 7. As to the submissions made by the Ld. Counsel for the Applicant Company, it is seen from the records that the Company is carrying on business, as on the date of striking off the Company from the Register maintained by the Respondent. Further, it may be seen from the records that the Company was incorporated on 03.08.2000 and it is also brought to the notice of this Tribunal that the Applicant Company has failed to file its balance sheets and Annual Returns after 2013-14, 2014-15, 2015-16 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 (ii) The Company shall within a period of 30 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 ₹ 50,000/- (Rupees Fifty Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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