TaxTMI 
TaxTMI 
2019 (12) TMI 342
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....y which dismissed the appeal and affirmed the order of Respondent ROC striking the name of the company from the register of companies. 2 Appellant No.1 company was incorporated under the provisions of Companies Act, 1956 on 06.05.1980 and its registered office is at A-21 Mayapuri Industrial Area, Phase II, New Delhi. Appellant No.2 and 3 are erstwhile directors and shareholders of the company. The company is into the business of manufacturers, distributors, dealers, stockists, repairers, importers and exporters of all kind of tyres, tubes, flaps, moulded rubber parts, valve body, cast iron wheels, retreading materials, rubber gums etc. The appellant company had applied for the allotment of industrial land to HUDA and on 03.03.2014 HUDA all....
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....intention to remove the name of the company from the register of the companies and requesting them to send a representation within a period of 30 days from the date of notice. Sub-rule (2) of Rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 provides that the Registrar shall give a notice in writing in form No.STK-1 to all the directors of the company at the address available on record, by registered post with acknowledgement due or by speed post. It reflects from the notice STK1 dated 17.03.2017 that the address of director Ranbir Singh and Charanjit Singh was available on record. However, the notices were not served with them. Thus the respondent has not complied the mandatory prescribed pr....
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..... Sub-section (1) of Section 248 of Companies Act, 2013 provides that where the Registrar has reasonable cause to believe that a company is not carrying on any business of operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of dormant company under Section 455 then he shall send a notice to the company and all the directors of the company of his intention to remove the name of the company from the register of companies and requesting them to send their representation alongwith the copies of relevant documents within 30 days from the date of notice. Admittedly ROC has served notice dated 17.3.2017 to company's registered address which returned unserv....