AROAWANA PORTS AND INFRASTRUCTURE PVT LTD Vs. REGISTRAR OF COMPANIES
LAWS(NCLT)-2017-12-695
NATIONAL COMPANY LAW TRIBUNAL
Decided on December 19,2017

AROAWANA PORTS AND INFRASTRUCTURE PVT LTD Appellant
VERSUS
REGISTRAR OF COMPANIES Respondents

JUDGEMENT

- (1.) This company petition is filed by Mr. Bashir Nazir Shaikh, Director of Aroawana Ports and Infrastructure Private Limited, Aroawana Ports and Infrastructure Pvt. Ltd. seeking relief against the respondent to restore the name of the company in the Register of Companies.
(2.) The Petitioner submits that on its failure to file financial statements and Annual Returns right from incorporation of Company on 6.7.2011 to till date, on the understanding that the loss making company need not file returns to the Authorities concerned, the Respondent struck off the name of the company from the Register of Companies under sec.248 of the Companies Act, 2013. The Petitioners states that the company is carrying on business and the documents required to be tiled with the Respondent were prepared and ready for filing before the Respondent when the name of the company is restored.
(3.) On hearing the submissions of the Professional appearing on behalf of Petitioner, the Company Prosecutor for Registrar of Companies, Mumbai who says that the name of the company may be restored with costs and on perusing the documents filed, it is clear that the Company is in operation, however, due to non-filing of the financials the name was struck off from the Register of companies, this Bench is of the view that the name of the company is to be restored to the Register of Companies.;


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