TaxTMI 
TaxTMI 
2021 (8) TMI 1203
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....ant and Operational Creditor of M/s. Safeway Realtors and Developers Private Limited (hereinafter referred to as the 'Company') inter-alia, seeking 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. Safeway Realtors and Developers Private Limited is a Private Limited Company incorporated under the Companies Act, 1956 on 12.08.2011 with CIN No. U45200TG2011PTC075956 having its Registered Office at Balaji Empire, Plot No. 6, Sy. No. 103/1, 105 & 106, Jayabheri Enclave, Gachibowli, Hyderabad - 500 0....
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....cted in the Master Data of the Company has struck off the company. In the said Master Data, it is mentioned that the last AGM of the company was held on 29.09.2014. However, the Company is a going concern and as such admittedly was utilizing the services of the Applicant herein until his resignation on 03.01.2019. h. It is averred that the Company is carrying on business and conducting operations, but it has failed to file the Annual Returns and Financial Statements for the period from 2014-15 to till date within the time prescribed under Section 92 and under Section 137 read with Section 403 of the Companies Act, 2013. i. It is prayed the Adjudicating Authority to restore the name of the Company in the Register of Compani....
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....financial years since he did not hold any managerial position in the Respondent No. 2 Company. iv. In Clarification to Point No. 4: The Appellant herein is filing the present petition as an Operational Creditor and as such is not in possession of the Income Tax Returns of the Respondent No. 2 for the past 3 financial years since he did not hold any managerial position in the Respondent No. 2 Company. 3. The Registrar of Companies Hyderabad/Respondent herein denied all the averments made in the Application except those which are specifically admitted herein and submitted his report vide Memo No. ROCH/LEGAL/SEC252/0075956/SAFEW/MSN/2021/408, dated 22.04.2021 stating as follows:- i. The Company had defaulted in filing the ....
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....udicating Authority. As the Company is delisted by the ROC, the Applicant herein filed an application for restoration of the company's name in the Register of Companies to proceed further in the above matter to protect his interests. After hearing the Counsel for Applicant and after perusal of material documents on record, the report of the RoC, Hyderabad and after going through the provisions of Section 252(3) of the Companies Act, 2013, and in view of the special circumstances of the case, we are of the view that the name of the Company to be restored in the Register of Companies as maintained by RoC, in the larger public interest. 5. By exercising the powers conferred on this Tribunal under Section 252 of the Companies Act, 2013, ....