2021 (1) TMI 518

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....to restore the name of the company in the Register maintained by the Respondent. 2.  The Applicant has filed MA/616/2020 seeking for urgent listing of CA/ 195/2020 and for the reasons stated in the said application, MA/ 616/2020 stands allowed. 3.  The Applicant Company was incorporated on 08.08.2014 under the provisions of the Companies Act, 2013, bearing CIN: U72900TN2014PTC096860 and having its registered office at No. 93, First Floor, Kundrathur Main Road, Porur, Chennai - 600 116, falling within the jurisdiction of Registrar of Companies, Chennai. It is stated in the Application that the Authorized Share Capital is 1,00,000/-divided into 10,000 Equity Shares of Rs. 10/- each and the Issued, Subscribed and Paid up Share Capi....

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....ondent, the Respondent viz. RoC, Coimbatore has filed its Report via email to the Registry of this Tribunal and it is stated in the Report that the Applicant Company was struck off from the Register on 25.10.2019. Apart from recording the statutory compliance which the Applicant Company should have made as per the provisions of the Companies Act, 2013, the Respondent RoC, Chennai has not made any significant objection to the Restoration of the name of the Company in the Register maintained by them and has stated as follows; (A)  The Company may kindly be directed to prove that it was carrying on business or was in operation and that it is just that the name of the company be restored to the register. (B)  The company may kindl....

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....n the ground that the Applicant Company as of date is carrying on the business for which it was incorporated and it is in operation and in the circumstances, it is just that the name of the Company should be restored on the Register of Companies as maintained by the Respondent. In order to sustain the said plea, the Applicant has placed the following evidences: i) Copy of the Financial Statement of the Company for the Financial Year ended 31.03.2017 and 31.03.2018. ii) Copy of the Income Tax Returns filed for the Assessment Year 2015 - 2016 to 2019 - 2020. 9.  From the report filed by the Respondent, it is evident that the Applicant Company was struck off on 25.10.2019 and for the two years immediately preceding 25.10.2019, the Ap....

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....n the date when the name was struck off and also keeping in consideration that it is just to do so can restore the name of the Company in the register and in the interest of all the stakeholders including members of the Company, its employees as well as the revenue and the Applicant itself who seeks restoration of the name of the Company in the register being maintained by ROC and in the above said circumstances the Application is allowed subject to the following directions namely: 12.  The Company shall: (i)  Within a period of 15 days from the restoration of the Applicant Company's name in the register being maintained by the RoC, the Applicant/ petitioner will file inter alia its annual returns and balance sheets as well....