2020 (6) TMI 722

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...., maintained by the Registrar of Companies, Kochi, for the State of Kerala and Lakshadweep. The appellant company was incorporated on 19.05.1997 under the Company's Act 1956. The Corporate Identification Number (CIN) of the Company is U65992KL1997PTC011445, having its Registered Office at 2nd Floor, Metro Tower, Convent Road, Ernakulam- 682 035, Kerala. As per the Memorandum of Association, the main business of the Appellant Company is as follows: "III. (A) (1) To conduct chit or kuri business in accordance with the law for the time being in force. But the Company shall not carry on the business of banking business within the meaning of Banking Regulation Act, 1944. (B). the objects incidental and ancillary to the atta....

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....ence, the respondent herein struck off the name of the company from the Register of Companies due to default in statutory compliances. The appellant stated that the Public Notice in Form STK-7 under Section 248 read with Rule 7 of Companies (Removal of the Companies from the Register of Companies) Rules 2016, published by the respondent in the official gazette on 19.10.2019. 3. The appellant further undertook to file all pending returns for the Financial Years 2016-2017 to 2018-2019 along with the filing fees and additional fees, as applicable on the date of actual filing on receipt of Restoration Order and prayed for a direction to ROC for restoring the name of the Company in the Register of Companies, maintained by the ROC, and to allo....

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.... 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 the several periodical notices within the notice periods. Therefore, the action of strike off of the name of company is fully substantiated within the authority under the provisions of Section 248 of the Act and deserves the protection of this Tribunal. 7. I have heard the arguments advanced by the learned counsel for the appellant through video conferencing and had gone through the report dated 20.03.2020 submitted by Registrar of Companies in the instant appeal. Having satisfi....