2021 (7) TMI 187

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....the Registrar of Companies, Mumbai (RoC). 2. The Petitioner submits that the Petitioner company has been incorporated to carry out the following objects: "To carry on the business or Professions of Builders, Developers and contractors including purchase and sale of land, premises, flats, garages, shops, godowns and rights in any of these or construct the same and sell, give rights therein to anybody for immediate or deferred consideration or deposit." 3. The Petitioner submits that the company was incorporated on 20.12.1990 under the Companies Act, 1956. The Company has failed to file its Financial Statements and Annual Returns for the Financial Years 2016-17, 2017-18 & 2018-19 i.e. for three years. 4. The Petitioner submi....

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....s for approval of its Financial Statements as required under the Companies Act, 2013. 9. The Respondent, Registrar of Companies submitted his Affidavit in reply on 14.10.2020 explaining the following sequence of events leading to the striking of the name of the company: (a) The Respondent side 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 a cause contrary to the said action within thirty days. (b) Further, as required under rule 7 of the Companies (Removal of Name) Rules, the name of the Company was published on the website maintained by the Ministry vide STK-5 dated 28.08.2019. (c) In add....

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....operations of the company. Therefore, it seems to be just and equitable and deserves to restore the name of the company in the Statutory Register of Companies maintained by the Respondent Registrar of Companies. 12. Given the above facts and circumstances, we are satisfied that the prayer sought by the Petitioner company deserves to be allowed. Hence, it is allowed with following direction and condition to be complied by the appellant. ORDER Company Appeal CP No. 1211/252 (1)/MB/C-II/2020 filed by Nilesh Developers Private Limited through its Director Mr. Ajitsinh Gopaldas Thakkar, seeking restoration of the company's name in the Register of the Companies maintained by the Registrar of Companies, Mumbai is allowed. The Responde....