2022 (8) TMI 1204

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.... Applicant seeking thereof to restore the name of the Company namely, M/s. ES Recycle Private Limited on the Register maintained by the Respondent. 2. The Company was incorporated on 18.09.2008 with CIN: U37100TN2008PTC069316 and the Registered office of this Company is situated at: New No. 12E/1, Old No. 2/5-1, Rajeswari Vedhachala Road Chengalpet - 603001, Kancheepuram, Tamilnadu State. 3. The main object of the Company is to carry on the business as importers, exporters, re-conditioners, dealers and distributors of all kinds of recyclable papers etc. The details of the main objects are set out in the Memorandum of Association which is filed along with the typeset of documents. 4. It is seen that the Company has failed to file its Fina....

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....as Director cannot maintain the present Application. Apart from above observations there is no other significant objection raised by the RoC in this regard. 8. We have considered the plea of the Applicant as well as the report filed by the Respondent. In relation to the objection raised by the RoC it is seen that the Applicant has been filed in Affidavit stating that he is also Shareholder of the Company who is holding 100 shares and also attached her share certificate along with the Memo filed before this Tribunal vide SR. No. 2294 dated 06.04.2022. 9. After perusing the documents filed by the Applicant Company, and more particularly a perusal of the Income Tax returns for a period of two (2) years preceding's the date of struck off,....

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....ny has not been struck off from the Register of Companies with resultant and consequential actions like changing the status of Company from "strike off" to "Active" (ii) The Company shall within a period of 30 days from the restoration of the Applicant Company's name in the register being maintained by the RoC, the Applicant/petitioner will file inter alia its annual returns and balance sheets as well other compliances statutorily required to be made under the Companies Act, 2013 for the period from which there has been default with requisite charges/fees as well as additional fee/late charges. (iii) That the Restoration of the Company's name is also subject to the payment of cost of Rs. 1,00,000/- (Rupees One Lakh Only) through....