2021 (11) TMI 559

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....Section 252 of the Companies Act, 2013, with a prayer for issuance of directions to the Registrar of Companies, Hyderabad to restore the name of the Company in the Register of Companies and to pass such order as deemed fit in the circumstances of the case. 2. The averments made in the Company Application are briefly described hereunder:- a. The Company M/s. CFL Health Care Private Limited (hereinafter referred to as the "Company") is incorporated under the provisions of Companies Act, 1956, on 14.10.2010. Copy of Memorandum and Articles of Association of the Company is enclosed to the application as Annexure-I. b. It is averred that Registrar of Companies has initiated the proceedings under Section 248 of the Companies ....

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....ting that the Company has been operational as under:- (1) Certificate of incorporation. (2) Copy of Memorandum and Articles of Association of the Company. (3) Certificate of Board of Alternative Medicine. (4) Certificate of Tamilnadu Acupuncture Council. (5) MOU between Karnataka Hyderabad Education Society(KHES) and Dr. Jignesh Gokani. (6) MOU between Sourashtra University and KHES. (7) Certified financial statements for the year 2010-11 to 2018-19. (8) Demonetisation period affidavit. SUBMISSIONS BY RESPONDENT/ROC: 3. The Registrar of Companies, Hyderabad has filed Report dated 03.03.2021, stating that the company was incorporated on 14.10.2010 and its address o....

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....d only after supporting documents are produced by the Applicant. FINDINGS: 9. We heard the FCA appearing for the Applicant and perused the documents on record. The Applicant is the Director of the Company. It is submitted by the Applicant that the Company is in operation and is carrying on its business. The failure of the Company in filing the statutory returns and statements was due to inadvertence. Report of the RoC has been received. Applicant has filed clarificatory memo with regard to the observation made by the respondent that Applicant is neither a director nor shareholder of the Company. Admittedly, the relevant documents which are to be filed, are ready with the Company and the Company is willing to file the same, if so permi....