Rajeswara Rao Vittanala, Member - (1.) The present Company Application bearing NO.103/252/HDB/2017 is filed by Sravanthi Developers Private Limited, under section 252(3) of the Companies Act, 2013 Read with NCLT Rules, 2016 and Rule 87A of the NCLT (Amendment) Rules, 2017 on 14.09.2017 by inter-alia, seeking the following reliefs: a) to pass an order for restoration of the name of the applicant in the Register of Companies maintained by the Registrar of Companies, Andhra Pradesh and Telangana. b) to order that the applicant shall deliver a certified copy of the order of this tribunal to the Registrar of Companies (ROC) within 30 Days from the date of the order in physical form, c) to order that upon delivery of the physical form of the certified copy of the order of this tribunal, the Registrar of Companies (ROC) enables the applicant to deliver the order through electronic mode in the form of an attachment to iNC-28 or with any other relevant form as prescribed by Ministry of Corporate Affairs. d) to order that upon such delivery, the Registrar of Companies (ROC) do, in his Official Name and Seal, publish the order in the Official Gazette enabling the Company to be in the Register of Companies maintained by ROC. e) to allow the Applicant to file the Financial Statements and Annual Returns of the years 2013-14, 2014-15 and 2015-16 with ROC within 30 days from the date of enabling the applicant to file such documents.
(2.) Brief facts of the case, as mentioned in the application, are as follows: a) SRAVANTHI DEVELOPERS PRIVATE LIMITED (hereinafter referred to as Company) was incorporated under the Companies Act, on 22nd June 2012 as a Private Limited Company with the Registrar of Companies, Hyderabad. b) The Company is in the business of Constructions, developers and infrastructure etc., and its Authorized Share Capital of the Applicant is Rs.25,00,000/- divided into 2,50,000 Equity Shares of Rs.10/- each. The Issued, Subscribed and Paid-up Share Capital of the Applicant is Rs.25,00,000/- divided into 2,50,000 Equity Shares of Rs.10/- each. c) The details of Directors including the date of appointment and DIN numbers as on the date of this petition are furnished hereunder: DIN Name Designation Date of Appointment 01431835 Chenepalli Babu Reddy Director 22.06.2012 05227229 Srinivas Chaitanya Reddy Mariwada Director 22.06.2012 d) The Company is Carrying out its business successfully from the date of its incorporation and is conducting the Meetings of Board of Directors as well as General Meetings regularly in Compliance with the provisions of the Companies Act, 1956 as well as the provisions of Companies Act, 2013 whichever is in force at the relevant period. The Company has filed the returns of its 1st year i.e. for the year 2013. The Directors have assigned the responsibility of completing the filings of the Financial Statements/ Annual Accounts/ Annual Reports as at 31/03/2014, 31/03/2015 and 31/03/2016 and Annual Returns for the financial years 2014, 2015 and 2016 to the accountant of the Company. e) The Company has earned substantial revenue from its Operations and other income to an extent of Rs. 4,49,47,150/- Rs.2,75,72,104/-and Rs. 1,51,868/- during the financial years 2013-2014, 2014-2015 and 2015-2016 respectively. f) The Company has held its Annual General Meetings for the Financial Years ended 31st March 2014, 31st March 2015 and 31st March 2016 on 29th September 2014 and on 29th September 2015 and 29th September 2016 respectively. g) The Register of Companies has struck off its Company name from Register of Companies maintained by ROC, under Sub section (1) , (2) of Section 248 of the Companies Act, 2013, Procedurally, RoC should have sent a Notice in Form No.STK-1, and thereafter a Public Notice in From No.STK-5 followed by another public notice in Form No.STK-7. Neither Applicant nor the Directors received notice in Form No.STK-1 either physically or electronically, except displaying a Public Notice in Form Nos. STK-5 vide No.ROC/HYDERABAD/STK-1/Revised, dated 05.05.2017 and Form No.STK-7 vide Notice No. ROC(H) /248(5) /STK-7/2017, dated 21.07.2017.The Company's Master Data maintained by the ROC in the MCA Portal is also showing the company status as "Strike Off"
(3.) Heard Mr. V. Venkata Rami Reddy, learned counsel for the Applicant and Mr. R.C.Misra, Registrar of Companies and also perused the report Ref. NO.ROCH/LEGAL/SEC252/081617/SVSIL/STACK/2017/ 1778, dated 13.10.2017 and also extant provisions of Companies Law and rules made thereunder.;