AI Drafter 
TaxTMI 
TaxTMI 
2018 (4) TMI 1703
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....tificate o Incorporation vide bearing CIN No. U31401KA2010PTC054689. Certified copies of Certificate of Incorporation, Memorandum of Association and Article: of Association is enclosed and marked as Annexure-I. The Registered Office Of the Petitioner Company is situated at No.328, 14tl Cross, Sadashivanagar, Bangalore-560080. The main objects of the Company is to carry on the business of manufacture, assemble, sell, import, export, market, franchise, distribute all types of electric and electronics instruments machines, accessories, spares, tools consumables; to undertake and participate with machine building industries, engineering, establishments, research and development establishments and software development connected to machine tools both in India and abroad etc. The Authorised share capital of the Company is Rs. divided into Equity Shares of Rs. 10/- each. The Paid up Share Capital of the Company is Rs. divided into 10,000 Equity Shares of Rs. 10/- each. It is averred in the Company Petition that, the Registrar of Companies, Karnataka has struck off the name of the Petitioner Company from the Register of Companies maintained by him due to defaults in statutory co....
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....-16. Therefore, the Respondent had reasonable cause to believe that the Petitioner Company is not carrying on any business or operation and therefore a notice in Form STK-I dated 18.03.2017 was sent to the Company. Copy of the said notice is produced and marked as Annexure-Il. Further, STK-I notice dated 31.03.2017 was sent to all the Directors of the Company to the address available in the MCA 21 portal. Copies of the notices sent to the Directors are produced and marked as Annexure-Ill. 2) In the said notice STK-I that was sent to the Company and to the Directors of the Company, it was interalia mentioned that the Company is not carrying on any business or operation for three immediately preceding financial years nor has made any application u/s 455 of the Act and that the respondent proposes to strike off the name of the Company from the Register of Company as per Section 248 of the Act, unless a cause is shown to the contrary with 30 days from the date of receipt of the STK-I notices. 3) It is submitted that a consolidated notice in STK-5 in English and Hindi was released as per Rule 7 of the Companies (Removal of name of Companies from the Register of Compani....
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....th the provisions of Companies Act, 2013. b) Direct the Petitioner to pay cost as decided by this Hon'ble Tribunal to be paid to the account of Central Government by way of a demand draft favouring the Pay and Accounts Officer, Ministry of Corporate Affairs, Southern Region, Chennai, towards the expenses incurred by the Respondent in taking Section 248 action, like postage, stationary, advertisement charges etc. c) Direct the Petitioner that the revival order be automatically vacated if the above compliance is not made within a maximum period of 30 days from the date of the receipt of the order of the Petitioner. The Respondent/ Registrar of Companies, Karnataka, Bengaluru has stated that, he exercised his power under Section 248 of the Companies Act, 2013 read with (Removal of Names of Companies from the Register of Companies) Rules, 2016 after following the procedure as per the law, giving opportunity to the Petitioner Company to file its Statutory Returns and upon non-filing of Statutory Returns the name of the Company was struck off, vide his Notice No. STK- 7/ROC(B)/2017 dated 17.07.2017. The Petitioner Company prayed that the name of the Company be....
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....n it is allotted on lease basis for 99 years and also stated that, a partial payment has been done for this allotment and also filed Income Tax return of the company. It is further reported that, due to non finalisation of allotment of land to the company, they have not commenced the business and no operation till date, now they are in process to arrange all the requisites as required to start the operation as soon as the company got the status of Revival and therefore prayed the Tribunal to revive this Company. The Registrar of Companies, Karnataka, Bangalore had struck of the name of the Petitioner Company from the register of companies on the ground that, the Petitioner Company has not submitted the financial statements since from its incorporation till 31/03/2016. The Registrar of Companies has filed his report. In his report he has alleged that, the Petitioner Company has not filed Annual Returns since from its incorporation till 2015-16. The Registrar of Companies has also observed that, the company was not carrying on any business. After going through the Petition and various balance sheets provided for the years 2011-12, 2012-13, 2013-14, 2014-15, 2015-16 & 2016-17....