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2022 (10) TMI 98
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...., the appellant, as being Shareholder of the above company, has prayed for the following reliefs: a. Restoration of the name of the Petitioner in the Register of Companies maintained by the Register of Companies, NER, Guwahati as if its name had not been struck off from the register of Companies. b. Direction be given to the Registrar of Companies, Guwahati to restore the name of the Petitioner/Applicant Company in the Register of Companies maintained by the Registrar of Companies as if its name had not been struck off from the rolls of the Register and to modify the Company status in the master data of the Company from "Strike Off" to "Active" and to activate the DIN of the Directors of the Petitioner Company. c.....
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....Register of Companies due to defaults in Statutory Compliances, namely, non-filing of financial statements for four financial years (31st March, 2018; 31st March, 2019; 31st March, 2020 and 31st March, 2021). 6. The Petitioner further submits that: 6.1 The failure to file the financial statements and annual returns was due to inadvertent mistake and lack of knowledge of the person authorized to look after the compliance and filing of the Company. The concerned person had left the Company with the work incomplete due to certain reasons and without any intimation. The inadvertent mistake was due to lack of knowledge of the compliances of the Companies Act, 2013 and the mistake is purely unintentional. 6.2 The Company has ....
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....company and it will be prejudiced to the shareholders & other stake holders if company's name is not restored back in the register maintained by the ROC. 6.7 Unless the present application is allowed and the name of the company is not restored on the Register of Companies maintained by the Registrar of Companies, the petitioner as well as its Shareholders, other stake holders and Company shall suffer irreparable loss and hardship and will be highly prejudiced. 6.8 The matter of application falls within the jurisdiction of the Hon'ble NCLT Bench, Guwahati. 7. The ROC has contended in its representation that the present appeal may be considered on its merit by this Hon'ble Tribunal and submits as under: ....
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....ion 248(5) of the Companies Act, 2013 after the expiry of the prescribed time period and as no response has been received from the company and the public, a notice (in Form STK No. 7) dated 08.02.2022 was issued by the Registrar of Companies, Guwahati reflecting the name of the company as strike off w.e.f. 08.02.2022. 7.4 Restoration of Company does not entitle the right of restoration of DIN of the disqualified director. Further, the matter of disqualification of directors, the Hon'ble High Court at Bombay passed an order dated 22.03.2018 in various Writ petitions and quashed the operation of the impugned list of disqualification of directors published by ROC, Maharashtra, Mumbai. Aggrieved by the aforesaid order, ROC Mumbai h....
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....eal for restoration of the company's name in the register of the ROC. Hence, the present appeal is found maintainable. 9. As per the records the name of the company, KONGBAM CONSTRUCTION PRIVATE LIMITED got struck off from the Register of Companies on 08.02.2022 (followed by a Gazette notification published in this respect), while the present appeal has been filed on 23.06.2022. Hence it is found to be filed within limitation. 10. As per the records, the company, KONGBAM CONSTRUCTION PRIVATE LIMITED has failed in filing its statutory returns (e.g. Balance sheets, Annual returns) before the ROC nor did it make any representation before the Registrar of Companies. 11. We consider the merits of the present appeal and documents ann....
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....ional fee/fine as decided by Registrar of Companies, Assam; 13.3 The Company's representative who has filed the Company appeal on behalf of the petitioner Company, is directed to personally ensure compliance of this order; 13.4 The restoration of the Company's name is also subject to the payment of Rs. 20,000/- (Rupees Twenty Thousand Only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "Payment of cost for revival of company pursuant to orders of Hon'ble NCLT in C.P. No. 22/252(3)/GB/2022"; 13.5 The Petitioner is directed to deliver a certified copy of this order with Registrar of Companies, NER, Guwahati, Assam within thirty days of the receipt of this o....