2021 (1) TMI 391

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....th Viswanathan (DIN: 02771507),seeking a direction to the Registrar of Companies, Kochi (hereinafter called as the 'ROC') to restore the name of the Company in the Register of Companies, maintained by the Registrar of Companies, Kochi, for the State of Kerala and Lakshadweep. The appellant company was incorporated on 05th February 2014 under the Companies Act, 1956. The Corporate Identification Number (CIN) of the Company is U72200KL2014PTC036087 having its Registered Office at TC 10/41 (1), KGWRA/141, Pippinmoodu, Sasthamangalam,Thiruvananthapuram, Kerala- 695 010. 2. As per the Memorandum of Association, the main business of the Appellant Company is: "To carry on the business of developing, coding, installation, implementation....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... that the Ministry of Corporate Affairs vide communication dated 25.06.2019 had instructed all Regional Directors and Registrars of Companies to take strike off action against companies which have failed to file Financial Statements or Annual Returns as per Chapter XVIII of the Companies Act, 2013 and have not filed application under Section 455(1) of the Companies Act, 2013 for making them as 'Dormant'. 7. It is further stated by the ROC, in the instant case, on verification of the documents of the subject company it was found that the company did not file its Balance Sheets and Annual Returns since 2016 and did not apply for getting dormant status. It is also stated that as per the provisions of Section 137 of the Companies Act, 2013, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Directors of the Company for not discharging their statutory duties in filing the statutory returns within the due dates 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. 10. I have heard the arguments advanced by the learned PCS for the appellant through video conferencing and had gone through the report received on 18.12.2020 from the Registrar of Companies in the instant appeal as also all the annexures appended to the Appeal including the latest Balance Sheets and ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... off from the register of companies. 13. Having satisfied with the reasons as mentioned in the Appeal and in the light of the above cited provisions of Companies Act, 2013, this Tribunal is of the opinion that it would be just and equitable to order restoration of the name of the Company in the Register of Companies. Hence this Tribunal pass the following order: - I. The Registrar of Companies, the respondent herein, is ordered to restore the original status of the Appellant Company, as if the name of the Company has not been struck off from the Register of Companies and take all consequential actions like change of company's status from 'Strike off' to 'Active' (for e-filing) and to intimate the bankers about the restoration of....