9911796707
TMI Blog2022 (1) TMI 1018X X X X Extracts X X X X X X X X Extracts X X X X ..... t by the Respondent namely, the Registrar of Companies, Chennai under Section 248 of the Companies Act, 2013. The present Application has been filed by the Petitioner seeking thereof to restore the name of the Company in the Register maintained by the Respondent/RoC. 2. The Company was incorporated on 26.04.2006 as per the provisions of Companies Act, 1956, bearing CIN: U70101TN2006PTC059625 having its registered office at No. 7, 3rd Trust Link Street, Mandavelipakkam, Santhome, Chennai-28, Tamil Nadu. The main object of the Company is (i) To carry out business, of purchase, sell, develop, take in exchange, or on lease, hire or otherwise acquire, whether for investment or sale, or working the same any real or personal estate including land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad demised during 2013 and 2017 respectively which resulted in such noncompliance. It is further submitted that the Petitioner has believed that the Company's Auditor would have complied the statutory compliances. As the Auditor has failed to do the same the Petitioner Company is put to this situation. It is further submitted that their IT returns and GST returns are filled till 2018-2019 and for 2020-2021 respectively. The Petitioners further submits that they have been carrying on their business from the date of their incorporation. Hence, the Petitioner has filed the present Application seeking thereof to restore the name of the Company in the Register maintained by the Respondent/RoC on the grounds that the Company is active and car ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment sheet to employees between April 2018 - 2020 E-mail Correspondence with IT Department 7. Upon perusing the aforesaid documents, it is seen from the balance sheet and invoices and more particularly the bank statement posits the fact that the Company has been active for the period two years preceding the date of strike off and carrying on its business for the purpose of which it was incorporated. As observed from the records produced before this Tribunal, that in order to carry the future business operations, the existence of the Company becomes crucial which also fortifies the 'just' ground being a factor to be considered by this Tribunal in the process of deciding an Application/Appeal under Section 252(3) of the Companies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall not alienate or dispose of any of its valuable assets. v. It is further observed that by virtue of this order of restoration of the name of Company in the register, shall not automatically entitle the Directors of the Company whose names in case have been disqualified under Section 164 of the Companies Act, 2013 by the Respondent/RoC to be restored to directorship except in accordance with law. vi. An affidavit of compliance of the aforesaid directions shall be filed by the Petitioner within a period of 2 months from the date of this order. vii. The shareholders of Petitioner Company shall jointly submit an Undertaking to the Registrar of Companies stating therein that the accounts of the Company were not used as means to transa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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