TaxTMI 
TaxTMI 
2020 (11) TMI 289
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.... was struck off, the Shareholder of the said Company viz., Mr. Munusamy has approached this Tribunal under Section 252(3) of the Companies Act, 2013 r/w Rule 87A of the National Company Law Tribunal (Amendment) Rules, 2017 r/w other related provisions of the Companies Act, 2013 and Companies (Removal of Names of Companies From the Register of Companies) Rules, 2016 for the reliefs prayed for in the Application. 2. It is evident from the Application that the Company was incorporated on 17.04.2012 with the Registrar of Companies, Chennai under the provisions of the Companies Act, 1956 and upon incorporation the Respondent has assigned the Corporate Identity Number (CIN) i.e., U74900TN2012PTC085457. 3. It is further seen from the avermen....
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.... undertakings, institutions, associations, government, local authorities for the recruitment of managerial personnel and others relating to the administration, organization, production, storage and marketing sales and management of industry and business and to carry on the business of industrial and business consultants." From the above it is evident that the Company has been incorporated inter-alia for the purpose of engaging in the business of providing security protection services and also to carry on the business of consultancy of providing manpower placement and recruitment. 6. Even though it is averred that the Company has been filing its Income Tax Returns for the Financial Years 2016-2017, 2017-2018 and 2018-2019 and it has al....
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....ny should be restored as prayed for in this Application. 9. Pursuant to the notice issued to the RoC/Respondent, the RoC has responded by filing a report before this Tribunal. A perusal of the report shows that the Company had filed its last Annual Return and Balance Sheet for the Financial Year ended 31.03.2016 and subsequent to the same there has been no filing and in the circumstances, the RoC had initiated action under Section 248 of the Companies Act, 2013 as contemplated and thereby had the name of the Company struck off. 10. The above Notification was published in Gazette of India dated 9th - 15th November, 2019 bearing Gazette of India No. 1805. It is further contended by the RoC/Respondent that the Company had also failed to ....
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....e Applicant has also filed the Bank Statement as held by it with Kotak Mahindra Bank disclosing the banking operations between the period of 26.09.2019 and 09.10.2019 i.e., just prior to the date of strike off the name of the Company. A perusal of the said Bank Statement discloses that consistent banking transactions have been done by the Company between the said dates. 16. Taking into consideration the financial statement as filed by the Applicant/Petitioner along with Income Tax Returns as pointed out above as well as the bank statement all of which establish that the Company was in operation immediately for a two year period prior to the strike off the name of the Company from the Register of Companies by the RoC. 17. Taking into c....
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....y the Company statutorily, the same shall be remitted by the Company. Any excess amount left after appropriating for all the above shall be meticulously returned by RoC/Respondent to the Applicant. (iii) Till all compliances are made by the Company, the Company shall not alienate or dispose of any of its valuable assets. (iv) It is further observed that by virtue of this order of restoration of the name of the Company in the register it will not entitle the Directors of the Company whose names in case have been disqualified by virtue of provisions of Section 164 of the Companies Act, 2013 by the RoC/Respondent automatically to be restored to directorship except in accordance with law. (v) An affidavit of complianc....