TaxTMI 
TaxTMI 
2020 (10) TMI 969
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....Philip, shareholder and Director of the appellant company, seeking a direction to the Registrar of Companies, Kochi (hereinafter called as the 'ROC') to restore the name of the Company in the Register of Companies, maintained by the Registrar of Companies, Kochi, for the State of Kerala and Lakshadweep. The appellant company was incorporated on 8th December 2014 under the Companies Act, 1956. The Corporate Identification Number (CIN) of the Company is U45202KL2014PTC037636 having its Registered Office at Door No. 2275/D5, IIIrd Floor, Empora Gems, Thondayad, Ramanatukkara Bypass, Kozhikode- 673 633, Kerala. 2. As per the Memorandum of Association, the main business of the Appellant Company is "To carry on the business as engineering and ....
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.... master data and in accepting the Audited Accounts and Returns since the name of the company has already been struck off. 5. The Directors of the appellant company further undertook and assume that they shall file all its pending Annual filings with the RoC, Kochi, if the Tribunal ordered for restoration of the Company and prayed for restoring the name of the Company in the Register of Companies, maintained by the ROC, and to allow the appellant to file the pending returns. 6. The ROC, who is Respondent herein, has filed a Report on 15.07.2020 stating that the Ministry of Corporate Affairs vide communication dated 25.06.2019 had instructed all Regional Directors and Registrars of Companies to take strike off action against companies which....
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....val of Companies from the Register of Companies) Rules, 2016, Form STK-5 was published in Official Gazette on 24.08.2019 and newspaper publication in the Form STK- 5A was made in English & Malayalam dailies on 10.08.2019. Finally, the Company was struck off on 19.10.2019 under Section 248(5) and the same was published in Form STK -7 in the official Gazette dated 26.10.2019. 9. Circumstances being above, the ROC submitted that the action of striking off of the name of the Company was triggered due to negligence and lack of due diligence on the part of the directors of the Company for not discharging their statutory duties in filing the statutory returns within the due date stipulated under the Companies Act and also for not responding to th....
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....atisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies. 12. Having satisfied with the reasons as mentioned in the appeal and in the light of the above cited provisions of Companies Act, 2013, this Tribunal is of the opinion that it would be just and....