JUDGEMENT
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(1.) The Present Company Application bearing CA. No. 96/252/HDB/2017, is filed by Coastal Granites 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 days for filing closure of the Company in Form STK-2 along with requisite attachments and permit the Applicant Company to comply with the provisions of Companies Act, 2013.
Brief facts mentioned in Application:
i. The Applicant Company was incorporated in Ongole on 12.09.2011. The Authorized share capital of the company is Rs.1,00,000/- (Rupees One Lakh only) divided into 10, 000/- (Ten Thousand Only) equity shares of Rs. 10/- (Rupees Ten Only) each. The current issued, subscribed and paid up capital of the company is Rs. 1,00,000/- (Rupees One Lakh only) divided into 10, 000/- (Ten Thousand 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:
a. To carry on the business of granites, minerals, metals, metal ores including that of iron ore, other metal ore, chemicals and stones including that of limestone, both chemicals grade and other, to dig quarries using sophisticated machinery, to acquire, develop, maintain mines, mining rights whether own or on lease in India or abroad and also to carry on the business of refining, processing, preparing, raising, acquiring etc..
iii. It is submitted by Applicant Company that due to some nnpraiinnal issues and financial crises, the ADDlicant company couldn't start its business since incorporation (12. 09.2011) and company did not even file ROC Annual Fillings within stipulated time. However, the Applicant Company has decided to close the Applicant Company by filing requisite Form STK- 2 along with necessary attachments and was in the process of same. But the Registrar of Companies has strike off the Company on 28th July, 2017.
iv. Thus this Company Application is filed by the Applicant Company with the intention to get the Name of the Company restored in the Register of Companies in order to close the Company by following required procedure under Companies Act, 2013.
v. The Applicant Company passed Board Resolution dated 29.08.2017 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 (PCS) for Petitioner was heard. At the request of the learned counsel, case was posted on 27.09.2017 .
(3.) On 27. 09. 2017, the Ld. Counsel for Applicant Shri. Ch. K. Venkat Reddy (PCS) was heard. The ROC addressed a letter dated 26.09. 2017 by stating that the Applicant can be directed to submit last 2 years audited Balance Sheet along with fee to verify the affairs of the Company. The Ld. Counsel for the Applicant 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.;
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