MAHIDHAR TRANSPORTS AND LOGISTICS PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES
LAWS(NCLT)-2017-10-394
NATIONAL COMPANY LAW TRIBUNAL
Decided on October 16,2017

MAHIDHAR TRANSPORTS AND LOGISTICS PRIVATE LIMITED Appellant
VERSUS
REGISTRAR OF COMPANIES Respondents

JUDGEMENT

- (1.) The Present Company Application bearing CA. No. 97/252/HDB/2017, is filed by Mahidhar Transports and Logistics Private Limited, under section 252 of the Companies Act, 2013, by inter-alia, seeking to restore the name of the company in the Register of Companies and further grant time of 60 (sixty) days for filing all necessary returns with ROC till date and allow to make the Company comply with the provisions of Companies Act, 2013. Brief facts mentioned in Application: i. The Applicant Company was incorporated in Hyderabad on 30.04.2009. The Authorized share capital of the company is Rs. 50,00,000/- (Rupees Fifty Lakhs only) divided into 5,00,000/- (Five Lakhs Only) equity shares of Rs. 10/- (Rupees Ten Only) each. The current issued, subscribed and paid up capital of the company is Rs. 50,00,000/-(Rupees Fifty Lakhs only) divided into 5,00,000/-(Five Lakhs Only) equity shares of Rs. 10/-( Rupees Ten Only) each. ii. The main objects for which the company was incorporated, as given in the Memorandum of Association are as under: To carry on the business of Travel and tourist agents and contractors and to facilitate travelling and to provide for tourists and travellers and promote the provision of conveniences of all kinds in the way of through- tickets, returns tickets, etc.. iii. It is submitted by Applicant Company that due to some operational issues and financial crises, the Applicant company couldn't continue its business so effectively, however, recently the Company has received new projects and wished to continue the business of the company and was in the process of the same. However the Registrar of Companies has strike off the Company on 28th June, 2017. That company did not even file ROC Annual Fillings within stipulated time. iv. Thus this Company Application is filed by the Applicant with the intention to get the Name of the Company restored in the Register of Companies in order to carry on the business. v. The Applicant Company passed Board Resolution dated 28.08.2017 to make an application for restoration of name before Hon'ble National Company Law Tribunal (NCLT) and authorised Managing Director of the Company to take necessary steps in this regard.
(2.) The case was first listed on 19.09.2017 for admission, and the Ld. Counsel Shri Ch. K. Venkat Reddy for Petitioner was heard. At the request of Counsel, the case was posted on 27. 09. 2017.
(3.) On the date of hearing on 27.09.2017, ROC addressed a letter dated 26.09.2017 by stating that the Petitioner can be directed to submit last 2 years audited Balance Sheet along with fee to verify the affairs of the Company. The Learned counsel for the Petitioner submits that he would submit the same immediately. ROC is directed to submit his report in accordance with prescribed rules. Case was posted on 16.10.2017.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.