Rajeswara Rao Vittanala, Member - (1.) The present Company Application bearing CA No.275/252/HDB/2017 is filed by M/s. Sree Gayathri Leisure India Private Limited, under Section 252 of the Companies Act, 2013, by inter-alia seeking to direct the Respondent to restore the Company which was struck off, by the Registrar of Companies; and to permit it to carry on the normal business etc.
(2.) Brief facts, leading to filing of the present Company Application, are as follows:- (a) M/s. Sree Gayathri Leisure India Private Limited (referred to as "Company") is a private Limited Company and was incorporated on 29.04.2013 in the State of Andhra Pradesh. (b) The Authorised share capital of the Applicant Company is Rs. 1,00,000/- divided into 10,000 Equity Shares of Rs. 10/- each. The issued, subscribed and paid up Capital of the Company as on the date of Application is Rs. 1,00,000/- Equity shares of Rs.10/- each fully paid up, and there are no different classes of shares. (c) The main objects of the Company in brief, are to act as commission agent for referring and enrolling members into any resorts, clubs, hotels, family parks and other related activities etc. (d) The Applicant Company had commenced operations after incorporation and has been generating revenues since incorporation, and has been doing good business ever since, without any break. The details of the Turnover and profit/loss of the Company since incorporation till the FY 2015-16 are as below: image not found On account of non-filing of Annual Accounts and Annual Returns for the Financial Years 2013-2014 to 2015-2016, the Respondent was to presume that the Company has not undertaken any business. The Audited Financial Statements for the Financial Years 2013-2014 to 2015-2016. (e) The Applicant further states that it has been regular in conducting meetings under the Companies Act, 2013 and accordingly, the Annual General Meetings for all the Financial years 2013-14, 2014-15 and 2015-2016 were duly convened and held, and the Financial statements duly adopted by the members. (f) The Board of Directors were under the impression, that all the returns were filed. When the Applicant Company was trying to file the pending Annual Returns, financial statements and other related documents for the financial years 2013-14 to 2015-16 with the RoC, it came to know that MCA system did not permit the same, and then it was realised that the name of the Company was struck off by the Respondent. On enquiry, it is known that the RoC vide notice No. ROC (H) /248(5) /STK-7/2017 dated 21.07.2017 read with the grounds as mentioned in public Notice No. ROC/Hyderabad/STK-1/Revised, dated 05.05.2017, with reference to letter of RoC in Form STK-1, has struck off the Applicant Company, from the Register of Companies. The notices dated 05.05.2017 and 21.07.2017 were placed in the MCA portal and contained list of many companies, and the name of the Applicant Company is also in the said list.
(3.) Heard Shri D.V.K. Phanindra, Learned PCS, and Shri R.C. Mishra, Registrar of Companies, and also perused the records along with extant provisions of the Companies Act, 2013.;