TMI Blog2022 (5) TMI 1211X X X X Extracts X X X X X X X X Extracts X X X X ..... HIT KAPOOR, MEMBER (J) HON BLE MR PRASANTA KUMAR MOHANTY, MEMBER (T) MS. ANISHA SHARMA CS Petitioners Present in Video NONE - Respondents Conference ORDER [Per: Mr. Prasanta Kumar Mohanty, Member (T)] 1. The Present Petitioner through this company application has prayed for restoration of the name of the company, i.e. BIH Technologies Pvt. Ltd in the Register of Companies being maintained by the Registrar of Companies, NER, Guwahati, Assam [The ROC for short]. The company was struck off on 13.09.2018. 2. Being aggrieved with impugned action, the appellant, as being Director of the above company, has prayed for THE following reliefs: a) To restore the name of the Applicant Company on the Register maintained by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me from the Register due to defaults in statutory compliances under the Companies Act, 2013, namely, failure to file the Financial Statements and the Annual Return for the Financial Year ended 31.03.2013; 31.03.2014; 31.03.2015; 31.03.2016; 31.03.2017; 31.03.2018; 31.03.2019 31.03.2020. The Respondent had initiated proceedings under Section 248 (5) of the Companies Act, 2013, for the purpose of striking off the name of the Company from the Register maintained by the respondent. 4. The Applicant Company has been active since incorporation and has also been maintaining all the requisite documents, as per the applicable provisions of the relevant Acts 5. The Accounts of the Applicant Company were prepared audited and that the Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Statements the Annual Returns for the Financial Year ended 31.03.2013 to 31.03.2020 along with the filing fees and the additional fee, as applicable on the date of actual filing and the Certified Copy of the Order of the Tribunal for revival of the Company restoration of name of the Company to the Register maintained by the Registrar of Companies. 11. The Company was incorporated with the main object to carry on the business of online computer software, import, export, online computer, software repair services, e-commerce, telecommunication, electronics product sale, resale, import and export. On line and offline computer software and hardware sales and services, computer producers, Distributors, exhibitors, financiers, Importers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ector of the deregistered company. He is eligible to file the present appeal for restoration of the company s name in the register of the ROC. Hence, the present appeal is found maintainable. 14. As per the records ,the name of the company, BIH Technologies Private Limited got struck off from the Register of Companies and dissolved on 13.09.2018 (followed by a Gazette notification published in this respect), while the present appeal has been filed on 23.12.2021. Hence it is found to be filed within the limitation considering the COVID-19 Pandemic exemption given. 15. As per the records, BIH Technologies Private Limited is the company that has not filed its statutory return since 31.03.2013. ORDER 16. We consider the merits of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ual Accounts and Annual returns for the Financial Years from 31.03.2013 to 31.03.2021 along with prescribed fees/additional fees/fine as decided by Registrar of Companies, Assam; 18.3 The Company s representatives who has filed the Company appeal on behalf of the petitioner Company, is directed to personally ensure compliance of this order; 18.4 The restoration of the Company s name is also subject to the payment of Rs. 30,000 (Rupees thirty Thousand only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as Payment of cost for revival of company pursuant to orders of Hon ble NCLT in C.P. No 1/252(3)/GB/2022 18.5 The Petitioner is directed to deliver a certified copy of this order with Regi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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