9911796707
TMI Blog2023 (6) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... the Companies Act, 2013, has been filed by the Appellant being aggrieved and dissatisfied by the order dated 29.11.2019 passed by the National Company Law Tribunal (Mumbai Bench) in CP No. 1958/252(1)/MB/C-IV/2019 whereby and whereunder appeal filed by the Appellant for restoration of the name of the Company in the Register maintained by the Registrar of Companies (RoC), Mumbai was dismissed by the Tribunal. 2. The facts giving rise to this Appeal are as follows: i) The Appellant-Company was incorporated, under the Companies Act, 1956 on 21st October, 2005 vide CIN:U70100MH2005PTC156948, as a Private Limited Company and was registered with the ROC' Mumbai. Authorized share capital of the Company ofRs.1,00,000/- is divided into 10000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted by the Appellant till the year in dispute. The main Director of the Appellant Company Shri Govind Lal Ganesh Lal Govil expired on 08.12.2017. As a result, the activities of the Appellant Company came to stand still for a short period. Thereafter, Secretary of the Appellant Company was hospitalized on 03.03.2018, because of certain health issue and she was discharged from the hospital on 10.03.2018, due to which filing of Annual Returns for the Financial Years 2015-16 and 2016-17 was due. iv) Further, case is that the company was not defunct and was carrying of its business regularly. The annual general meeting was conducted on 30.09.2016. The Director given report to the members for the year ended on 31.03.2016 dated 02.09.2016. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpugned dated 29.11.2019 which led to filing of this Appeal. 3. The Learned Counsel for the Appellant during the course of argument and grounds taken in her memo of Appeal submitted that the Company has failed to file its Financial Statements and Annual Returns for the Financial Years 2015- 16 and 2016-17 i.e. two years. Therefore, the Registrar of Companies, Mumbai, formed an opinion that the basis for striking off the name of the Company was the continuous non-filing of the statutory returns and the Company is not carrying on any business or operation for a period for two immediately preceding financial years and has not applied to declare itself as Dormant Company under Section 455 of the Companies Act, 2013. On such presumption that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n pursuance of the circulars issued by the ministry of Corporate Affairs, Govt. Of India, New Delhi from time to time. The basis for striking off the name of the company was the continuous non-filing of the statutory returns (which are required to be filed under the Act.) and 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, prior to it struck off. The aforesaid situation has arisen due to inaction on the part of the Appellant Company and its Directors/officers. The appropriate action taken by Respondent to strike off the company, which is duly prescribed under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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