TMI Blog2022 (1) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... date when the name 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. The Registrar of Companies, Chennai is ordered to restore the original status of the Petitioner Company viz. M/s. Ezhil Blue Metals Pvt. Ltd. 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/122(CHE)/2021 - - - Dated:- 24-12-2021 - S. Ramathilagam, J. (Member (J)) And Anil Kumar B., Member (T) For the Appellant : R.S. Hariharan, PCA ORDER S. Ramathilagam, J. (Member (J)) 1. This is an Petition filed by one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d annual returns from incorporation till year of strike-off 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 further submitted that the Respondent/RoC has issued notice in Form STK-5 on 22.06.2018 and finally Form STK-7 on 09.08.2018. 5. The Petitioner avers that the Directors of the Company are technocrats; their lack of knowledge in Company Law has led to the inadvertent non-compliance of the statutory requirements. The Petitioner further avers that, the same is the reason for non reply to the Form STK-5 issued by the RoC even though the intention of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidered as a cogent one as company cannot forgo its statutory duties due to inadvertence of the Directors. 9. We have considered the plea of the Petitioner Company and the Respondent/RoC as well. The Petitioner is seeking restoration of its name in the register as maintained by RoC by relying up on the ground that the Petitioner Company as of date is carrying on the business for which it was incorporated and it is in operation and in the circumstances, it is just that the name of the Company should be restored on the Register of Companies as maintained by the Respondent. In order to sustain the said plea, the Petitioner has placed the following evidences: i. Copy of Lease Agreement - Annexure 2. ii. Copy of Balance sheet for FY 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Ltd. 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 (ii) The Company shall within a period of 30 days from the restoration of the Petitioner Company's name in the register being maintained by the RoC, the Petitioner/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 ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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