GMT OPTICALS PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES, TAMILNADU, CHENNAI
LAWS(NCLT)-2017-11-449
NATIONAL COMPANY LAW TRIBUNAL
Decided on November 14,2017

GMT OPTICALS PRIVATE LIMITED Appellant
VERSUS
REGISTRAR OF COMPANIES, TAMILNADU, CHENNAI Respondents

JUDGEMENT

Mohd. Sharief Tariq, Member - (1.) Under consideration is a Company Application that has been filed on 07.09.2017 under Section 252 (3) of the Companies Act, 2013 by the Applicant Company viz., M/s. GMT Opticals Private Limited having CIN No.U33209TN1993PTC026423 and its Registered Office is situated at No.79, Pondy Bazzar, T Nagar, Chennai - 600 017. 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 Company is a private limited by shares and got incorporated on 21.12.1993 under the Companies Act, 1956. The Authorised Share Capital of the Applicant Company is Rs. 10,00,000/- divided into 1,00,000 equity shares of Rs.10/- each. The issued, subscribed and paid-up capital is Rs. 10,00,000/- divided into 1,00,000/- equity shares of Rs.10/- each. The main object of the Applicant Company is to manufacture, grind, export, import and otherwise deal in spectacle frames, lenses, glasses, sunglasses, industrial safety glasses and other optical requirements of people, to establish contact lens clinic, manufacture and dispense contact lenses, manufacture, import, export and otherwise deal intra-occular lenses used to implant in the body 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 2013. But, due to oversight and negligence on the part of the professionals, the Applicant Company failed to file its annual returns and financial statements from the financial year ending 31.03.2014 onwards with the Registrar of Companies. By the time the Applicant Company attempted to file all the outstanding statutory statements, the name of the Applicant Company was 'struck off from the Register of Companies 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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