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2021 (1) TMI 723

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....ff carried out by the Respondent namely, the Registrar of Companies, Chennai (RoC) under Section 248 of the Companies Act, 2013. The present Application has been filed by the Applicant seeking thereof to restore the name of the Company M/s. Star Medical Retail Private Limited in the Register maintained by the Respondent/RoC. 2.  The Learned Authorized Representative (AR) for the Applicant submitted that the Company was incorporated on 14.11.2011 under the Companies Act, 1956 as a Private Limited Company bearing CIN: U52190TN2011PTC083124 having its registered office at 5/234, Plot No. 27, 4th Street, Kumaran Nagar, Mannivakkam, Chennai - 600 048, Kancheepuram District. 3.  The main object of the Company is to carry on busine....

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....returns with the Respondent/RoC. Hence, the Applicant has filed the present Application seeking thereof to restore the name of the Company in the Register maintained by the Respondent/RoC on the grounds that the Company is active and carrying on its business for the purpose of which it was incorporated. 6.  Upon notice, the Respondent/RoC has filed the Report wherein it is seen that there is no significant objection which has been raised by the respondent and has only sought for the following directions. a.  The subject 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 subject ....

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....process undertaken by the RoC in striking off the name of the Applicant Company as envisaged under Section 248 of the Companies Act, 2013 read with attendant Rules. However, the Applicant is seeking restoration of its name in the register as maintained by RoC by relying up on 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 Income Tax Returns for the Assessment Years 2016-2017, 2017-2018, 2018-2019 and 2019-20....

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....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 other compliances statutorily required to be made under the Companies Act, 2013 for the period from which there has been default with requisite charges/fees as well as additional fee/late charges. (ii)  That the Company out of its funds, set apart a sum of Rs. 2,00,000 (Rupees Two Lakhs Only) and deposit the same with the Respondent/RoC which amount shall be for th....