2021 (1) TMI 347

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....la- 769 004, Dist- Sundargarh, Odisha. The Registrar of Companies, Orissa vide Order dated 02.11.2019  has Struck Off the name of the Company under Section 248 (5) of the Companies Act, 2013 and Rule 9 of the Companies (Removal of names of Companies from the Register of Companies) Rules, 2016. Sri Rakesh Ashis (DIN 07220622), one of the directors and shareholders of the Company has filed this application under Section 252 (3) of the Companies Act, 2013 with a prayer to direct the ROC, Odisha to revoke the impugned order.  2. As per the averments, the Company is a Private Limited Company, limited by shares under the provisions of the Companies Act, 2013. The authorised share capital of the Company is Rs. 10,00,000/- (Rupees Ten ....

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....society or body corporate or firms or individuals or schools or clubs or other bodies or private works and  to undertake contracts and sub contracts relating to construction, modification, repairing, alteration, construction, removal, redecoration, redesigning, enlarging, improving and designing of civil work, building for whatever use, roads, approach roads, streets, circles, squares, parks, gardens, statues, parking places, bridges, dams, water courses and reservoirs, tunnels, earth works, sewers, tanks, drains, sewage, light houses, towers, transmission tower, pipe lines, underground cables, railway tracks, railway sidings ,run ways ships yards, stock yards, culverts. Channels whether on turnkey basis or on labour contracts or other....

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....he status of a Dormant Company under Section 455 of the Companies Act, 2013 and issued Notice in Form No. STK- 1 under Section 248(1)(c) of the Companies Act, 2013 to the Company enquiring whether the said Company was carrying on any business or was in operation, but no reply to the said Show Cause Notice was received by this office. Subsequently, this office published in the Official Gazette and Newspaper for the information of the general public regarding Strike Off the name of the said company if Form No STK-5/5A. Finally, after the expiry of the time mentioned in the above notice the Registrar Struck Off the name of aforesaid Company from his Register and published the same in Form No. STK-7 in the Official Gazette dated 02.11.....

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....t is evident that the Company has not been generating any revenue from its operations and has incurred losses in all the defaulting years. Related details are as under: Revenue Generated from Operations in (Rs.) For a Year ended on Profit & Loss for the Year in (Rs.) NIL 31^st ^ March-2016 -29,476.00 NIL 31^st March-2017 -37,858.00 NIL 31^st March-2018 -58,706.00 NIL 31^st March-2019 -1,53,490.00 10. Financial Statements do not suggest any business transactions for which the Company was incorporated. There is no material consumed, or work in progress or debtors or Finance cost. There are no expenses in respect of the Employee benefits, which indicate that the Company had nobody in i....