TaxTMI 
TaxTMI 
TaxTMI 
2023 (1) TMI 460
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....Law Tribunal, Cuttack Bench) in CP (Appeal) No. 21/CTB/2019, by which Order National Company Law Tribunal (NCLT) has dismissed the Appeal preferred by the Company M/s O.M. Builders and Developers Pvt. Ltd., consequent to which Order the name of the Company was struck off from the Register. 2. Submissions of the Ld. Counsel appearing on behalf of the Appellant. * It is submitted by the Learned Counsel for the Appellant that Register of Company/Orissa has struck off the Company's name from the Register due to defaults in statutory compliances, namely, failure to file financial statements and annual returns, which were due from the financial year ending 31.03.2014 onwards, on account of which, the Registrar of Companies (ROC) has initiated ....
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....tive from 31.05.1983 up to 30.05.2073 for establishment of stone crusher. It is further submitted that a Tripartite Agreement for transfer of Plot No. 39 on 29.04.1997 with IDCO was and drew our attention to the Tripartite Agreement filed before us with respect to both the Plot Nos. 39 & 40. * It is seen from the record that the Company continues to pay the lease rent and has paid lease rent of Rs. 49,839/- for land leased out by IDCO for Plot Nos. 39 & 40 as seen from the payment slip dated 07.11.2016 issued by Axis Bank and money receipt dated 14.11.2016 issued by IDCO. The said payments include arrears of Rs. 33,979/-. It is seen from the record that the Company has convened its Board meetings and audited its financial statements after....
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.... Company was carrying on any business or was in operation, but no reply was received. * It was published in the Official Gazzette and Newspaper for information of the general public regarding striking off the name of the Company in Form No. STK-5/5A. After the expiry of the time line mentioned in the above notice, the name of the Company was struck off on 22.07.2017 and the Company stood dissolved from 21.06.2017 onwards. * It is submitted by the Learned Counsel for the Respondent that having regard to the facts of this case, if the Tribunal is inclined to give an opportunity to the Appellant herein a fine ought to be paid in accordance with law. * In Re Priceland Ltd. Waltham Foresh London Borough Council v Registrar of Companies and....
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....roperty is still prevalent, the financial statements upto 2018-19 has been filed along with the Petition before the NCLT, the loan taken from LIC Housing Finance Ltd. and the amount of the sundry creditors. 5. We are of the considered view that the Company being in the Real Estate Development and Construction and having regard to the fact that the Company in this Appeal has come out with the plea that in the event of revival of the Company and the restoration of name of the Company in the Register maintained by the ROC, it shall file all outstanding statutory documents namely, the financial statements for the financial years and also the annual returns along with the file fees and the additional fees as applicable on the date of the actual....