TaxTMI 
TaxTMI 
2020 (12) TMI 842
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....allow the Application and pass an order thereby directing the Respondent for restoration of the name of the Company in the Register of Respondent, as if the name of the Company has not been struck off, in accordance with Section 252(3) of the Companies Act, 2013, etc. 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. Bofian Softwares Private Limited ('the Company') was incorporated under the Companies Act, 1956, on 02.07.2011, vide CIN: U72900KA2011PTC059443, as a Private Limited Company registered with the Registrar of Companies, Bengaluru, Karnataka. Its registered office is situated at 204 A, Mittal Tower, 6 MG Road, Bangalore - 5600....
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....orporation even till date. (4) As per Section 96 of the Companies Act, 2013, the AGM of the Company is required to be convened within 15 months from the date of last AGM or six months from the date of closure of Financial Year, whichever is earlier. Since incorporation, every year, the Company has been duly completing the compliance with respect to approval of annual accounts by its Board of Directors and has been convening its AGM for adoption of its Financial Statements. (5) Pursuant to Section 137(1) of the Companies Act, 2013 the Financial Statements shall be filed with the ROC within 30 days of AGM and Section 92 mandates to file the Annual Return within 60 days of AGM. However, due to huge losses incurred by the Comp....
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....es of the Company in compliance with requisite statutory provisions. They also have resolved to impart the service of professionally qualified consultants to avoid any such noncompliance of the statutory provisions. (8) It is also submitted that the Applicant Company was working towards its objective till the event of strike off of its name by the ROC and continues to be operational. The Company also has duly complied with the filing of Income Tax returns and payment of taxes under the Income Tax Act for all Financial Years since its inception. (9) The operations of the Company are severely affected due to the event of the strike off and deactivation of Director Identification Number (DIN) of both of its Directors. Unless ....
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....otices in Form STK-1 dated 17.03.2017 and SKT-1 dated 22.03.2017 which were sent to the Company and its Directors. (2) Since no cause was shown either to the physical notices or to the website, Gazette and newspaper notices either by the Company or its Directors, the Respondent proceeded to strike off the name of the Company from the ROC and published a Notice in STK-7 in the Official Gazette on 29.07.2017 stating that from 17.07.2017 names of the Companies mentioned therein including the Petitioner Company have been struck off from the ROC as per Section 248(5) of the Companies Act, 2013. (3) It is declared that there is no inquiry, investigation and Complaints against this Company and expressed no objection to restore th....
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....off Company, has to satisfy himself that sufficient provision has been made for the realization of all amounts due to the Company and for the payment or discharge of its liabilities and obligations by the Company within a reasonable time, and, if necessary, obtain necessary undertakings from the Managing Director, Director or other persons in charge of the management of the Company. 7. Though, the impugned order striking off the Company was in accordance with law, the Tribunal has to take into consideration the bona fide contentions of Petitioner seeking to restore the name of Company, by taking a lenient view of the issue in the interest of justice and ease of doing business, instead of rigidly interpreting the law on the issue. It is a....
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.... restored as prayed for, subject to conditions mentioned below. 9. Hence, by exercising the powers conferred upon this Tribunal u/s. 252(3) of the Companies Act, 2013, C.P. No. 101/BB/2020 is hereby disposed of with the following directions: a. The Registrar of Companies, Karnataka, the Respondent herein, is directed to restore the name of the Company in the Register maintained by the Registrar of Companies, Karnataka as if its name had not been struck off from the rolls of the Register, with restoration of all consequential action taken by Registrar of Companies, which includes restoration of DINs of its Directors. b. The Company is directed to file all the statutory document(s) along with prescribed fees/additional fee/fine as de....