AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2021 (8) TMI 12
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....g direction to the Registrar of Companies, Hyderabad (the 'RoC') to restore the name of the Company in the Register of Companies maintained by the Registrar of Companies. 2. The averments made in the Company Application are briefly described hereunder:- a. The Company M/s. Forefront Builders Private Limited is a Private Limited Company incorporated under the Companies Act, 1956 on 16.09.1997 with CIN: U45200TG1997PTC027957 having its Registered Office at Flat No. 604, Sri Sai Residency, H. No. 7-1-379, Balampet, B.K. Guda, S.R. Nagar, Hyderabad, Telangana State - 500 038. b. The main objects of the Company are to carry on within or outside India the business as builders, Contractors, sub-contractors, labour contractors, landlor....
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....he case of the Applicant that the Company failed to file the Financial Statements and Annual Returns with the Registrar of Companies and not responding to the notices of the Registrar of Companies is purely due to oversight and unintentional. e. The Financial Statements for the year ended 31.03.2008 to 31.03.2010 clearly show that the Company is carrying on the business and conducting operations, but it has failed to file the Annual Returns and Financial Statements within the time prescribed under Section 92 and under Section 137 read with Section 403 of the Companies Act, 2013. f. The Applicant stated that the Company is carrying on its business and the Total Assets and Revenue from Operations as on 31.03.2020 are as follows: i. Tota....
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....021 stating as follows:- i. The Company had defaulted in filing the Financial Statements and Annual Returns for more than 2 Years and, hence the company was identified for strike off u/s. 248(1). Accordingly, notice under Section 248(1) was issued to the company and its directors. Further STK-5 notice dated 05.05.2017 was issued and the same was published in the Government of India Gazette and publication in newspaper was made informing all the stakeholders about the list of companies struck off published in the website. Finally, the company was struck off and STK-7 notice dated 21.07.2017 was also published in the Gazette. ii. The Respondent stated that the Applicant has not filed any Balance Sheet or Annual Returns with the Respondent....
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....t needs to justify its non-compliance. vii. The Respondent stated that DIN of directors were freezed by this Registrar on account of disqualification under Section 164(2) of the Companies Act, 2013 and hence the removal of disqualification of director or reactivation of DIN may not be ordered. 4. Section 252(3) stipulates that "Section 252(3): If a Company, or any member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, ....
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....y to be restored in the Register of Companies as maintained by RoC. ORDER 8. By exercising the powers conferred on this Tribunal under Section 252 of the Companies Act, 2013, and Rule 87-A of NCLT (Amendment) Rules 2017, R/w NCLT Rules, 2016, the Company application bearing CA No. 15/252/HDB/2021 is disposed of with the following directions: 1) The Registrar of Companies, the Respondent herein, is ordered to restore the original status of the Company as if the name of the company has not been struck off from the Register of Companies and take all consequential actions like change of company's status from 'Strike off to Active (for e-filing) and to intimate the; bankers about restoration of the name of the company so as to defree....