TMI Blog2022 (12) TMI 895X X X X Extracts X X X X X X X X Extracts X X X X ..... vable assets. Therefore, it cannot be said that the Appellant Company is not carrying on any business or operations. Hence, we are of the view that the order passed by the National Company Law Tribunal (Cuttack Bench, Cuttack) as well as Registrar of Companies, Chhattisgarh is not sustainable in law. The impugned order passed by the National Company Law Tribunal (Cuttack Bench, Cuttack) is set aside. The name of the Appellant Company be restored to the Register of Companies subject to the compliances mentioned - Appellant shall pay costs of Rs. 50,000/- to the Registrar of Companies, Chhattisgarh within 08 (Eight) weeks from passing of this Judgment - appeal allowed. - Company Appeal (AT) No. 100 of 2021 - - - Dated:- 20-12-2022 - [ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -. The said lands parcels are situated at the prime location of the capital city and same would be used for the development of the residential complex and premises. ii) Further case is that the Respondent, strike off the company s name from the Register of Companies due to defaults in statutory compliances, namely, failure to file Financial Statements Annual Returns for the period 2016-17 to 2017-18 by initiating proceedings under Section 248 of the Companies Act, 2013, for the purpose of striking off the name of the company from the Register maintained by the Registrar of Companies. The Appellant Company realized the non-compliance of the requirements relating to filing of returns and other documents with the Registrar only after rece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v) Further case is that being aggrieved with the step taken by the Registrar of Companies, the Company had filed a petition before the Tribunal for issuing directions for restoration of the name of the Company so that the properties of the company can be utilized and the business of the company can be carried out by the Company. The Tribunal after hearing the parties, dismissed the said petition which led to filing of this Appeal. 3. The Ld. Counsel for the Appellant during the course of argument and in his memo of Appeal submitted that the Tribunal while passing the impugned order has erred in law and fact by not considering that the Appellant Company have the land holding in its name and done business in past. Further, the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Name of Companies from the Register of Companies) Rule, 2016, the Registrar gave a notice in writing in Form STK-1 dated 10.05.2018 to the company and all its directors at the addresses available on record. The notice in Form STK-1 is issued to the company on the ground that the company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under Section 455 of the Act. The notice seeks representation, if any against the proposed action from the company and its Directors within a period of thirty days from the date of notice. However, no such reply was received by this office from the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Companies subject to the following compliances. i) Appellant shall pay costs of Rs. 50,000/- (Rupees Fifty Thousand) to the Registrar of Companies, Chhattisgarh within 08 (Eight) weeks from passing of this Judgment. ii) After restoration of the Company's name in the Register maintained by the Registrar of Companies, the Company shall file all their Annual Returns and Balances Sheets. The Company shall also pay requisite charges/fee as well as late fee/charges as applicable within 08 (Eight) weeks thereafter. iii) Inspite of present orders, Registrar of Companies will be free to take any other steps punitive or otherwise under the Companies Act, 2013 for non-filing/late filing of statutory returns/documents against the Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
