- (1.) This is an application No. 154/2017 filed under Section 252 of the Companies Act, 2013 (hereinafter called as the Act) filed by M/s.Metaphor Architects 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 Registrar of Companies.
(2.) Brief averments of the application are that the Company was incorporated on 06.01.2011 in the State of Tamil Nadu and the authorised capital of the Company is Rs. 1,00,000/-divided into 10,000 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 10,000 equity shares of Rs.10/- each. The Company is acting as Architects, consultants, advisers, arbitrators, interior designers, civil engineers, and to act as consultant for construction of hotels etc. and also to carry on the business of builders and contractors. The Company had not filed the Balance Sheets and annual returns for the financial year ending 31.03.2012 to 31.03.2016. The company received a Show cause Notice for non filing of annual returns and financial statements. ROC Chennai has struck off the name of the company w.e.f. 15.07.2017 as per the Public Notice No.ROC/CHN/STK-7/1/2017 of MCA in form STK-7 at S.No.6728. 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 administrative lapses 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.14690 under S.No.6728.;