TaxTMI 
TaxTMI 
2021 (7) TMI 1176
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....carried out by the Respondent namely, the Registrar of Companies, Chennai 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 in the Register maintained by the Respondent/RoC. 2. The Company viz. M/s. Shifa Housing Private Limited, was incorporated on 18.05.2006, under the provisions of the Companies Act, 1956, bearing CIN: U70101TN2006PTC059908 and having its registered office at No. 82, Kailasapuram Middle Street, Tirunelveli - 627 001, Tamil Nadu. 3. The main object of the Company, as per the Memorandum of Association, is to carry on the business of developers of urban and rural immovable properties, builders, engineers, surveyors, arch....
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....ess 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 company may kindly be directed to file all pending financial statements and annual returns till date within specified time in case the prayer is granted. c. The shareholders of the subject company may kindly be directed to give an undertaking stating that the accounts of the company were....
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....aking into consideration the provisions of Section 252 (3) of the Companies Act, 2013 which vests this Tribunal with a discretion where the Company whose name has been struck off and such Company is able to demonstrate that there is a running business as on 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: (i) T....