2021 (3) TMI 514

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....NISH PADWAL GOPAL praying for restoring the name of the company in the Register maintained by the Registrar of Companies, Mumbai (RoC). 2. The Petitioner submits that the Petitioner company has been incorporated to carry out the following objects: "The Company is engaged to carry on business as dealers, merchants, exporters, hirers, commission agents, stockists, mercantile agents, machinery, plastic materials, cements and scientific instruments, hardware, metals, minerals and coal. " 3. The Petitioner submits that the company was incorporated on 27.11.1990 under the Companies Act, 1956. The Company has failed to file its Financial Statements and Annual Returns for the Financial Years from 2016-2017 to 2018-2019. (3 years) 4. The Petiti....

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....venue from operations and also projects in hand for which Service Agreement and work order is attached to the petition. The Petitioner further submits that since the Company is working on projects and is in the process of establishing the business, the Company is expected to earn revenue from financial year 2019-2020 onwards. 8. The Petitioner submits that the delay in filing the Balance sheet and Annual Returns of the Company for the Financial Year 2016-2017 to 2018-2019 was unintentional due to lack of knowledge of the Compliance of the Company. The Petitioner further submits that the Annual Returns and Financial Statements could not be filed due to inadvertence and was not done on time. The Petitioner Company submits that the Company is....

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....wspaper "Times of India" and a widely circulated regional language in Marathi newspaper "Maharashtra Times" on 21.07.2018. (d) Respondent further submits that in the absence of any representation against the proposed strike off action, the Registrar struck off the name of the company on 11.09.2018 and the dissolution order was published on the website of the Ministry vide STK-7 on 12.09.2018. 12. Though the Petitioner submits that the Respondent failed to send the Notices, it may be added that the Respondent issued Notice in Form STK-1, STK-5 dated 19.07.2018. the name of the Company was also published on the website of Ministry and also on Official Gazette on 04.08.2018 and in leading newspaper "Times of India" and in vernacular languag....

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....in the order of the Respondent for striking off the name of the Company from the Register of Companies maintained by it. Hench this appeal is liable to be rejected. ORDER Company Appeal CP No. 1055/252(1)/MB/C-II/2020 filed by Appellant/Petitioner Venice Marketing And Finance Private Limited through its Director Mr. Manish Padwal Gopal, seeking restoration of the company's name in the Register of the Companies maintained by the Registrar of Companies, Mumbai is REJECTED in view of the following :- All the above factual details substantiate the criteria that the company is not carrying on any business or operation as defined under section 248 of the Companies Act 2013, therefore, the action taken by Registrar of Companies, Maharashtra, Mu....