2018 (2) TMI 1063

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....Private Limited was incorporated on 28th November, 2008 under the provisions of the Companies Act, 1956. The Registered Office of the Company is situated in Surendranagar, Gujarat. The Authorised, Issued, Subscribed and Paid-up Capital of the Company is Rs. 5,00,000/- divided into 50,000 equity shares of Rs. 10/- each. 2. It is stated in the Appeal that the Company was exploring various options for commencement of its project and in the year 2016 it decided to implement a project for construction of a building and it entered into a Memorandum of Understanding on 23rd August, 2016 to purchase two different properties, one admeasuring about 1841.70 sq.mtrs. and another admeasuring about 564.71 sq.mtrs. aggregating about 2406.41 sq.mtrs. in....

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.... Directors. Appellant filed Memorandum and Articles of Association of Sehan Developers Private Limited. The Appellant filed MOU on 23rd August, 2016. The Appellant filed Statement of Adarsh Co-operative Bank Ltd., for the period from 1.4.2016 to 30.6.2017. The Appellant also filed Income Tax Returns for the Assessment Year 2017-18. 6. In this Appeal, Notice was given to ROC. ROC filed Representation stating that as the Company has not filed statutory Returns the name of the Company was struck off under Section 248(1) of the Companies Act and accordingly final notice under Section 248(5) of the Companies Act was issued on 21.6.2017. ROC also issued notices to the Company earlier for non-filing of statutory returns in time, on 6.3.2017, 9.....

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....he Company which was struck off under Section 248(5) of the Companies Act. 8. According to the ROC, the only reason for striking off the name of the Company is non-filing of the Annual Returns within time. The Company was struck off on 21,6.2017. Therefore, this Appeal is within time. The Appellant being Member of the Company is entitled to file this Appeal. 9. Section 252(3) of the Act says that the Company's name can be restored in the Register of Companies on an application filed by the member if the Company was carrying on business or in operation or otherwise it is just to restore the name of the Company to the Register of Companies. Therefore, the first condition to be fulfilled is that the Company must be carrying on business o....