VELLORE AGRO FARMS PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES
LAWS(NCLT)-2017-11-528
NATIONAL COMPANY LAW TRIBUNAL
Decided on November 16,2017

VELLORE AGRO FARMS PRIVATE LIMITED Appellant
VERSUS
REGISTRAR OF COMPANIES Respondents

JUDGEMENT

Ch Mohd Sharief Tariq, Member - (1.) Under consideration is a Company Application that has been filed on 13.09.2017 under Section 252 (3) of the Companies Act, 2013 by the Applicant Company viz., M/s. Vellore Agro Farms Private Limited having CIN No.U01407TN2008PTCO68958 and its Registered Office is situated at old No. 15, New No.34, Nethaji Nagar, Sathuvachari Vellore - 632 009. The prayer is made to seek order for restoration of the name of the Applicant Company to the Register of Companies maintained by the concerned Registrar of Companies.
(2.) The Applicant is a private limited company and got incorporated on 21.08.2008 under the Companies Act, 1956. 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 is Rs. 1,00,000/-divided into 10,000/- equity shares of Rs.10/- each, The main object of the Applicant Company is to do agricultural farming, nursery plantation and cultivation of all kind of crops, trees, flowers, fruits for sale in India and for export; to build farm house and sell developed agricultural land with house or without house as farm house and to maintain the farm house; to carry or the business of Doultrv. animal husbandry forestry, farming, pisciculture, sericulture, horticulture; to buy, import, export, sell and generally deal either on cash, deferred payment instalments or hire purchase basis in all plant and machinery, implements, accessories, tools, materials, substances, goods or things of any description including tractors, power tillers, sprayers, dusters, mist blowers, and all types of modern agricultural implements, fertilizers and all types of plant protection chemicals, fishing boats, crafts and trawlers, fishing nets, gadgets, cold storages, deep freeze equipment and all type of equipment required for forestry, animals husbandry, poultry, pisciculture, sericulture, agriculture eoninnipnt for nrncPSSiV) nreservin forest produce, agricultural produce and all other food materials including materials of animals origin, fuel oils, lubricants and such other articles allied to the above, etc.
(3.) It has been submitted by the Applicant Company that after incorporation, the Applicant Company has been filing its annual returns and financial statements regularly with the Registrar of Companies, Tamilnadu, Chennai till the Financial Year ending 2016. The annual accounts and annual returns for the previous Financial Year was filed in the month of May, 2017 along with the additional fees of 12 times of RoC fees. However, the Respondent has issued notice under Section 248(1) of the Companies Act, 2013 on 07.04.2017 for initiation of striking off of the Applicant Company. But, the Petitioner Company came to know about the striking off the Applicant Company only when Notice of Striking off and Dissolution dated 05.07.2017 was issued under Section 248(5) of the Companies Act, 2013 read with Rule 3 of the Companies (Removal of Name of Companies from the Register of Companies) Rules, 2016.;


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