TMI Blog2022 (1) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of Section 252 of the Companies Act, 2013 which vests this Tribunal with a discretion where the Company whose name has been struck off and such Company is able to demonstrate that there is a running business as on the date when the name of the Company was struck off and also keeping in consideration that it is just to do so can restore the name of the Company in the register 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 Application is allowed subject to the directions imposed. - CP/47(CHE)/2021 - - - Dated:- 15-12-2021 - Sucharitha R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is further submitted that the Respondent/RoC has issued noticed in and Form STK-5 on 07.04.2017 and consequently Form STK - 7 on 15.06.2017. 5. The reason for non - filing of the returns for the period from 2014-15, 2015-16, 2016-17 2017-18 with the Respondent/RoC is stated to be that one Mr. K. Marimuthu, who was in charge of filing the annual accounts with the RoC passed away on 21.04.2013 and the Accounts Manager of the Company Mr. G. Sekar also died on 05.02.2017 and thereafter the further appointed staff in the Company also left the services within a short span of time. It was submitted by the Learned Counsel that the company has held its Annual General Meeting for the above period and the Company is carrying on business and is so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. In order to sustain the said plea, the Applicant has placed the following evidences: Income Tax return filed for FY 2013-14 to 2018-19. Certified copy of audited financials adopted by members with the reports of auditor and Directors from the year ended 31.03.2013 to 31.03.2019 Copy of the bank statement of Bank of India, Pondicherry Branch of the Company Copy of the bank statement of State Bank of India, Ramasamy Road Branch of the Company Copy of the GST Returns in Form GSTR - 3B filed by the Company Latest pay sheets for the salaries paid to the Employees of the Company from the year 2018 to 2020. 8. A perusal of the aforesaid document more particularly, the Income Tax Acknowledgment for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ays 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.gov.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 Company ..... X X X X Extracts X X X X X X X X Extracts X X X X
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