TaxTMI 
TaxTMI 
2018 (6) TMI 1578
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....ontended that M/s. Fernandes Realtors P. Ltd. (the opposing company) has filed a suit for specific performance, declaration and permanent injunction against the present company being Special Civil Suit No. 44/2008/B, which is pending before the learned Senior Civil Judge at Panaji, seeking recovery of an amount of Rs. 2,08,65,000 with interest. In short, according to Mr. Fernandes, sometime in the first week of October, 2006, the petitioner and Mr. Eric Sequeira had approached him and one Mr. Anselmo D'Souza for expressing their intention to purchase a property at Bambolim and had requested him and Mr. Anselmo D'Souza to act as their agents for the purpose of negotiating the said purchase. According to Mr. Fernandes, he had commence....
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....mpany. The company has not carried on any business since inception which has been confirmed by the other director Mr. Eric Sequeira by his letter dated September 18, 2009. The company has also neither held any annual general meeting since inception nor has filed or prepared any audited balance-sheet and has failed to comply with any of the formalities as required in law due to "inconsolable disputes between the two directors". The bank account of the company has been frozen since may 2007 and thus, according to the petitioner, the company is defunct company since inception. It is, in these circumstances, that the petitioner is praying for winding up of the company. 8. Mr. Eric Sequeira filed reply opposing the petition. Mr. Eric Sequeira....
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....e rejoinder filed by the petitioner thereto, in order to submit that the case for winding up is made out. Shri Ramani, learned counsel for the petitioner has placed on record a public notice (Form STK-5A) dated April 26, 2017 from the Registrar of Companies, Goa, Daman and Diu, which shows that the name of the company has been struck off from the register of companies under section 248(1) of the Companies Act, 2013 (the Act of 2013, for short) on the ground that the company has not commenced business within one year of its incorporation and has not been carrying on any business or operation for a period of two years and has not made any application within such period for obtaining the status as a dormant company under section 455 of the Act....
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....mpany has acted against the interests of the sover eignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality ; (i) if the Tribunal is of the opinion that the company should be wound up under the circumstances specified in section 424G : Provided that the Tribunal shall make an order for winding up of a company under clause (h) on application made by the Central Government or a State Government." 13. It can, thus, be seen that a company can be wound up if a default is made in delivering the statutory report to the Registrar or in holding the statutory meetings and if the company does not commence its business within a year of incorporation or suspe....