- (1.) This is an application No. 102/2017 filed under Section 252 of the Companies Act, 2013 (hereinafter called as the Act) filed by M/s.Sarala Housing Private Limited (hereinafter called as the Company) seeking a direction to the Registrar of Companies, Tamilnadu, Chennai (the ROC) to restore the Company in the Register of Companies.
(2.) Brief averments of the application are that the Company was incorporated on 26.09.2006 in the State of Tamil Nadu and the authorised capital of the Company is Rs. 1,00,000/-divided into 10000 equity shares of Rs.10/- each and the issued, subscribed and paid up share capital of the Company is Rs. 1,00,000/- divided into 10000 equity shares of Rs.10/- each. The Company is carrying on the business of Land Developers & Plot Promoters for nearly ten years. On 29.03.2017 the Applicant received the Notice in Form STK 1 No.ROC/S.248/Stkl/2017/SK/BS/VR dated 23.03.2017, from the Registrar of Companies, Tamil Nadu, Chennai, the Respondent for non filing of Balance Sheet and Annual Returns from the financial year ending 31.03.2012 onwards. The Company is still carrying on its business and its activities and therefore the present application is filed for restoration of the name of the company in the Register of Companies.
(3.) The petitioner submitted that non-filing of the balance sheet and annual returns from the financial year ending 31.03.2012 onwards is only due to renovation of the Applicant's Registered Office and confirms the availability of all audited financial statements upto date and undertakes to update the filing of the pending annual returns and financial statements with the Registrar of Companies within such time as may be allowed. However, action under Section 248 of the Act was initiated by striking off the name of the Company by the Registrar of Companies and consequently the order of "struck off was published in the Gazette of India dated 15th-21st July, 2017 in page No.14581 under S.No.1470.;