TaxTMI 
TaxTMI 
2021 (1) TMI 2
X X X X Extracts X X X X
X X X X Extracts X X X X
....consent Affidavit from Mr. Jayaraman Packirisamy Co-shareholder of the 1st Respondent Company i.e., M/s. Morus-Gastur Cell Therapeutics Private Limited inter-alia seeking the following relief(s) as under: a) To set aside the order of the 2nd Respondent with regard to striking off the name of the company from the register of companies. b) To pass an order for restoration of the name of the 1st Respondent Company in the Register of Companies maintained by the Registrar of Companies, Telangana. c) Direct the Registrar of Companies to place the 1st Respondent Company and all other persons in the 1st Respondent Company such as Shareholders, Directors, Employees and all other related to the Company are in the same posit....
X X X X Extracts X X X X
X X X X Extracts X X X X
....before a date prescribed by the Hon'ble Tribunal. i) Direct the 2nd Respondent to activate the CIN:U74120TG2011PTC0763 59 and DIN Numbers 02022849 and 02155005 of the Directors of 1st Respondent Company. 2. The following are brief averments of the case: 2.1. That the 1st Respondent Company was incorporated on 07.09.2011 vide CIN:U74120TG2011PTC076359 under the Companies Act, 2013 in the erstwhile state of Andhra Pradesh as a private limited company and the Company is in the business to manufacture and sell research products associated with cells and cell-based therapies and etc., 2.2. The Authorised Share Capital of the 1st Respondent Company is Rs. 10,00,000/- (Rupees Ten Lakhs Only) divided into 1,00,000 (One Lakh) E....
X X X X Extracts X X X X
X X X X Extracts X X X X
....espondent i.e., (RoC, Hyd) has therefore initiated action under Section 248 of the Companies Act, 2013 (hereinafter referred to as 'the Act') for striking off the name of the 1st Respondent Company from the Register of Companies and consequently the name of the 1st Respondent Company was struck off from the Register of Companies vide Notice No.ROC(H)/248(5)/STK-7/2017 dated 21.07.2017 after publication of public notice in the Gazette of India dated 27.05.2017 and 03.06.2017 under Sl. No. 14162. Therefore, the present Application is filed for restoration of the name of the 1st Respondent Company in the Register of Companies maintained by Registrar of Companies, Hyderabad, Telangana i.e., the 2nd Respondent. 2.6. That the Applicant....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s Hon'ble Tribunal and as soon as the IT Department enables the Company to file pending returns online. 2.8. The Applicant undertook to ensure to file all the pending documents/statutory returns in respect of the 1st Respondent Company along with fee and additional fee as prescribed under the provisions of the Companies Act, 2013 once the name of the 1st Respondent Company is restored in the Register of Companies. The Applicant further undertook to ensure the statutory compliance with the applicable provisions of the Companies Act, 2013 in time, in future, without any further delay and prayed for an order directing the RoC for restoration of the name of the 1st Respondent Company in the Register of companies, so as to enable the comp....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d the matter was posted for hearing submissions on 14.04.2020. Due to COVID-19 pandemic, the matter has not been taken up for hearing on the said date. Counsel for the Applicant has filed an Application bearing IA No.615/2020, u/r 13 of NCLT Rules, 2016 to take up the Company Application bearing CA No.16/252/HDB/2020 at the earliest. On 20.08.2020, prayer in IA No.615/2020 is allowed and the instant Application is taken up for hearing submissions. Subsequently, on 21.08.2020, matter was reserved for orders. 2. It is seen from the pleadings and documents that the Annual Balance Sheets and Financial Statements have been submitted by the Applicants for the period from 2013-14 to 2018-2019. Further, the counsel for the Applicant has also sub....