2021 (5) TMI 410

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.... Respondent (RoC). 2. The Appellant submits that the Company has been incorporated on 12.09.1960 under the Companies Act, 1956 to carry out the following objects: "To carry on the business of manufacturing of starches and the bye products, manufacturing of soluble starches, manufacturing of glucose, dextrin and industrial adhesives, feeding and fattening preparations of every description, extractors of oils and or other products from any oil bearing substances, bleachers, dyers and printers of yarn and cloth etc...." 3. The Company has failed to file its Financial Statements and Annual Returns for six Financial Years from 2013-2014 to 2018-2019. 4. The Appellant submits that the Respondent failed to send the notices required under sect....

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....he after the Company is revived, it shall comply with all the pending filings along with the requisite fees and wishes to make application with the Respondent for availing CFSS and seek voluntary striking off of the Company. The Appellant Company does not have a Bank account. 9. The Respondent submitted his Affidavit in reply on 08.09.2020 explaining the following sequence of events leading to the striking off of the name of the Company: (a) The Respondent issued Notice in Form STK-1 to the Company and its Directors informing the intention of the Registrar to strike off the name of the Company and requesting them to submit, within thirty days, cause contrary to the said action. (b) Further, as required under rule 7 of the Companies (Re....

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....d cannot be accepted. 11. Further it is observed that despite the Company being active Appellant it does not have a Bank Account. This prima facie indicates that the Company was not carrying on any commercial activity. However, the Appellant submitted that after complying with all the pending statutory filings, the Company would seek voluntary striking off. 12. In view of the above and in the interest of justice the name of the Company may be restored in the Register of Companies maintained by the Respondent to accord it an opportunity to complete all pending filings. Given the above facts and circumstances, we are satisfied that the prayer sought by the Appellant Company may be allowed. Hence ordered. ORDER The Company Appeal CP No. 11....