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TMI Blog2022 (5) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... Guwahati, Assam [ROC for short]. The names of Company struck off from the statutory Register vide impugned order of the ROC on 23.07.2018. 2. Being aggrieved with impugned action, the Petitioner, as being director of the above company, has prayed for following relief(s): a) To pass appropriate order admitting the petition. b) To pass appropriate order directing the respondent to restore the name of The Company in the register with immediate effect in terms of the Section 252 (3) of the Companies Act, 2013. c) To pass order in terms of Section 252 (3) of the Companies Act, 2013 that is just and appropriate placing the Company and all other persons in the same position as nearly as may be as if the name of the Company has not been str ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2015 to 31.03.2020 has been annexed. 3.3.3 The Petitioner Company has been active since incorporation till date and has also convened its Annual General Meeting regularly where shareholders approved duly audited Financial Statements of the Company. Hence, it cannot be concluded that the Company is not carrying on its business or operations for two years within the meaning of Section 248 of the Companies Act, 2013. 3.3.4 There was negligence on part of the Company's accountant who filed Financial Statements and Annual Return for the year ended 31st March, 2014 but did not do so thereafter. Due to unavoidable circumstances and prolonged illness of the Director, the Company could not supervise or even make the necessary compliances of fillin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... since FY 2014-2015 and that the Company was struck off on 23.07.2018. The ROC has made the following submissions that: 4.1 The Application under section 252(3) of the Companies Act, 2013 filed by Umesh Chandra Boro claims to be Ex-Director & Shareholder of M/s. Well Will Infrastructure Private Limited. As per the available records of this office, the company has not filed any financial statements since FY 2014-2015. The Petitioner is also director of the struck off company and disqualified due to non-filing of DIR-3 KYC. 4.2 In exercise of the power conferred upon the Registrar of Companies under Section 248 of the Companies Act, 2013, the Registrar can strike off the name of a Company from his register after complying with certain forma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rar of Companies) Rules 2016 for removal of name of the company from the register of the companies as there was reasonable cause to believe that the Company was not functioning or in operation for the period of last two (2) immediate preceding financial years and has not made any application within such period for obtaining the status of dormant company under section 455 of the Companies Act, 2013. 4.6 Due to non-filing of Annual Return by the Company, the competent authority drew an opinion that the Company was not carrying on business or in operation. Further, it is submitted that as per provision of section 248(5) of the Companies Act, 2013 after the expiry of the prescribed time period and as no response has been received from the comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Company if at all, directs the respondent to restore the name of the Company, then there may be a direction upon the petitioners to make up to date filing of all statutory documents and to make all legal compliances prescribed under the Companies Act, 2013 immediately after restoration of the name of the Company. 4.10 Presently the status of the company is 'struck off' and the company can be allowed to be revived under section 252 of the Companies Act, 2013 on its own merits directing petitioner to file all the pending statutory returns with the additional fees within 30 days from the date of passing of the order failing which the respondent may be directed to strike of the name of the company again without giving any further notice t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uitable to revive the name of the company Well Will Infrastructures Private Limited in the statutory register as being maintained by the Registrar of Companies, Guwahati. 10. In exercise of the powers conferred on the Tribunal under section 252(3) of the Companies Act, 2013, the present Petition is partly and conditionally allowed with directions and subject to the compliance of following conditions: 10.1 The Registrar of Companies, North East Region, Assam, the respondent herein, is directed to restore the original status of the petitioner company as if the name of the Company had not been struck off from the register of Companies with the resultant and consequential actions like changing status of petitioner company from 'struck off' to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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