2020 (12) TMI 646

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....3, by inter alia seeking to restore the name of the Company namely Anytime Medicare Services Private Limited in the Register of Companies maintained by the Registrar of Companies, Karnataka, as per the provisions of Section 252 of the Companies Act, 2013. 2.  Brief facts of the case, as mentioned in the Company Petition, which are relevant to the issue in question, are as follows: (1)  M/s. Anytime Medicare Services Private Limited (hereinafter referred to as 'the Company') is a Company incorporated on 27th March 2012 under the Companies Act, 1956 with CIN:U85100KA2012PTC063243 and having its registered office situated at #301, 6th Main, ST Bed Layout, Koramangala, Bengaluru - 560 034. Its Authorized Share Capi....

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....is carrying on its business of essential primary Health Care services to the public including cancer treatment on "going concern" basis from the date of inception till the date of striking off the company without interruption which could be seen from the financial statements of the Company and was maintaining current account with HDFC Bank, JP Nagar Branch, Bengaluru and Federal Bank, Indirangar Branch, Bengaluru. During the FY 2018-19, the Company earned operational revenues amounting to Rs. 1,35,43,200/- as reflected in P & L Account and is also having outstanding liabilities of Rs. 1,77,77,006/- as per the latest balance sheet as on 31.03.2019. The Company received another notice from ROC, Karnataka inform STK -7 dated 23.10.2019 stating....

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.... Sheets or the Annual Returns for the year 2015-16 onwards. 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-1 dated 05.05.2017 was sent to the Company and its Directors. Further, STK-I notice that was sent to the Company and to the Directors of the Company, it was inter alia mentioned that the Petitioner Company has not been carrying on any business or operations for two immediately preceding financial years nor has filed Application U/s.455 of the Companies Act, 2013 and that the Respondent proposes to strike off the name of the Company from the Register of Companies as per Section 248 of the said Act, unless a cause is sho....

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....ons of the Companies Act, 2013 and the Rules made thereunder. 5.  Shri Parthasarathy. R, learned PCS for the Applicant/ Petitioner, while reiterating various averments made in the Applicant/ Petition, as briefly stated supra, has further submitted that the Company is active and non-filing of Annual Returns/ Audited Reports in question, was neither intentional nor deliberate as it was happened due to the circumstances stated in the Petition. Therefore, he prayed the Tribunal to allow the Petition as prayed for . 6.  I.t is not in dispute that the Registrar of Companies is conferred with power U/ s. 248(1) to strike off the Company, if the Company has failed to commence its business within one year of its incorporation or a Co....

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....condition prevailing in the Country due to pandemic conditions, on the principle of ease of doing business as the economy of the Country is in jeopardy.  Therefore, we are of the considered opinion that interest of justice would be met, if the name of Company is restored as prayed for,  however, subject to conditions mentioned below. 8.  Hence, by exercising the powers conferred upon this Tribunal, U/ s. 252 (3) of the Companies Act, 2013, and following the principle of ease of doing business, C.P.No. 173/BB/2020 is hereby disposed of with the following directions: (1)  The Registrar of Companies, Karnataka, the Respondent herein, is directed to restore the name of the Company in the Register maintained by th....