TaxTMI 
TaxTMI 
2021 (12) TMI 1276
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....hati. B) Any other order as the Tribunal deems fit and proper in the best interest of the stakeholders of the Company. 3. The brief facts of the case raising to the present appeal are stated as under: 3.1. M/S Elangbam Infrastructures & Construction Private Limited was incorporated under the Companies Act, 2013 on 13th March, 2014 having Registration Corporate Identity No (CIN) U45203AS2014PTC011822 as a Private Company Limited by shares with the Registrar of Companies, NER, Guwahati. 3.2. The Registered office of company is situated at Juripar Path, H.No. 7/A Bye Lane No. 7, Panjabari, Guwahati, Kamrup, As- 781037 IN. 4. The Authorized share capital of the Company is Rs. 5,00,000/- (Rupees Five lakhs only) divided into 50,000 number of equity shares of Rs. 10/- (Rupees Ten each) and the Issued, Subscribed & Paid Up Capital of the Company is Rs. 2,00,000/- (Rupees Two Lakhs Only) divided into 20,000 number of equity shares of Rs. 10/- (Rupees Ten Each). Copy of the Memorandum and Articles of Association of the Company and the Certificate of Incorporation is annexed herewith and marked as Annexure-1. 5. It is submitted that at present the Company ....
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....of the Companies Act is to give a chance to the company, its members and creditors to revive the company which has been struck off by the Registrar of Companies, within a period of 20 (twenty) years, and to give them an opportunity of carrying on the business only after the Hon'ble Tribunal is satisfied that such restoration is necessary in the interest of justice. That for the ends of justice, the present petition may be allowed, since the Company is carrying on its business and operations. 12. That the Petitioner submits that in the event of revival of the Company and restoration of the name of the Company in the Register maintained by the Opposite Party, the Petitioner Company shall file all outstanding statutory documents i.e. the financial statement & annual returns for the financial year from 2014-15, 2015-16, 2016-17, 2017-18, 2018-19 & 2019-20 along with the filing fees and the additional fee, as applicable on the date of actual filing and the certified copy of the Order of Tribunal for the restoration of the name of the company to the Register maintained by the Opposite Party etc. 13. The Petitioner submits that unless the application is allowed and the name of the c....
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....f the Companies Act, 2013, a struck off company can be restored only on the direction of the Hon'ble NCLT within a period of three (3) years from the date of the order of the Registrar. In this regard, it is submitted that in terms of the said provisions, the Hon'ble NCLT while passing an order for restoration it is to be satisfied that the company is carrying on business or in operation. 5. That as per the available records maintained by the office of the Registrar of Companies, Guwahati M/s Elangbam Infrastructure & Construction Private Limited was incorporated on 08.07.2014 and the aforesaid company was struck off w.e.f 30/10/2019 after complying with the provisions of Section 248 of the Companies Act, 2013. The Registrar of Companies has issued notices (STK -5) to the Companies as well as the Directors under section 248(1) of the Companies Act, 2013 read with Rule 7 of the Companies (Removal of the names of names of Companies from the Registrar of Companies) Rules 2016 for removal of name of the company from the register of the companies as there was reasonable cause to believe that the Company was not functioning or in operation for the period of last two (2) immediat....
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....spondent to restore the name of the Company, then there may be a direction upon the petitioners to make up to date filing of all statutory documents and to make all legal compliances prescribed under the Companies Act, 2013 immediately after restoration of the name of the Company. 10. That in this regard it is submitted that presently the status of the company is 'struck off' and the company can be allowed to be revived under Section 252 of the Companies Act, 2013 on its own merits directing petitioner to file all the pending statutory returns with the additional fees within 30 days from the date of passing of the order failing which the respondent may be directed to strike of the name of the company again without giving any further notice to the petitioner. 11. It is submitted that the application copy received by the Office of the Registrar of Companies, Guwahati only on 22.09.2021. This is the reason that the filing not done before 23.09.2021 as Ordered by this Hon'ble Bench on 03.09.2021 in CP No. 13/2021. Hence, kindly consider this report before passing further orders. 12. Subject to the submissions made in para 1 to 10 above, the Hon'ble NCLT may k....