K Anantha Padmanabha Swamy, Member - (1.) This is an application No. 184/2017 filed under Section 252 of the Companies Act, 2013 (hereinafter called as the Act) filed by M/s.Kosalrams Promoters Private Limited (hereinafter called as the Company) seeking a direction to the Registrar of Companies, Tamilnadu, Chennai (the ROC) to restore the Company in the Register of Companies.
(2.) Brief averments of the application are that the Company was incorporated on 07.02.2012 in the State of Tamil Nadu and the authorised capital of the Company is Rs. 10,00,000/-divided into 100000 equity shares of Rs.10/- each and the issued, subscribed and paid up share capital of the Company is Rs. 1,00,000/- divided into 10000 equity shares of Rs.10/- each. The Company is carrying on the business of buying and selling of land, to undertake all or any of the business of builders, contractors/sub contractors and to carry on the business of builders or contractors for government departments/agencies or trusts etc. The Applicant received the Notice in Form No.STK 5, from the Registrar of Companies, Tamil Nadu, Chennai, the Respondent for non filing of Balance Sheet and Annual Returns from the financial year ending 31.03.2015 onwards. The Company is still carrying on its business and its activities and therefore the present application is filed for restoration of the name of the company in the Register of Companies.
(3.) The petitioner submitted that non-filing of the balance sheet and annual returns from the financial year ending 31.03.2015 onwards is only due to inadvertence and the director of the company did not reply within the stipulated time to the notice (Form STK5) received from the ROC under Section 248 of the Companies Act, 2013 though the intention is to continue the operations of the Company. Later the company has been dissolved by the Registrar of Companies, Tamil Nadu vide Notice No.ROC/CHN/STK-7/1/2017 dated 05.07.2017 and consequently the order of "struck off was published in the Gazette of India dated 15th-21st July, 2017 in page No.14729 under S.No.8650.;