K. Anantha Padmanabha Swamy, Member - (1.) This is an application No.CA.98/2017 filed under section 252(1) of the Companies Act, 2013 (hereinafter called as the Act) filed by M/s Trans Pacific Logistics 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 Registrar of Companies. Also filed an I.A.No.96/2017 for defreezing the Bank Account.
(2.) Brief averments of the application are that the Company was incorporated on 08.10.2017 in the State of Tamil Nadu and the authorised capital of the Company is Rs.1,00,000/- divided into 1000 equity shares of Rs.100/- each and the paid up capital of the Company is Rs.1,00,000/- divided into 1000 equity shares of Rs.100/- each. The Company is engaged in the business of clearing and forwarding agents in Chennai harbour, mentioned in clause lll(A) of its memorandum of association of the Company. The Company has filed its annual accounts till the financial year 2012-2013 with the ROC, however, inadvertently the annual accounts of the subsequent years have not been filed with the ROC as the Company does not have any professional guidance. The ROC has issued notice under section 248 of the Act and the Company did not receive the same. The ROC subsequently, struck of the name of the Company from the register of companies and the Company came to know the same only from the Notice of Striking Off and Dissolution bearing No.ROC/CHN/STK-7/1/2017 dated 5-7-2017 issued by the ROS under section 248(5) of the Act. The Company is still carrying on its business and its activities and therefore the present application is filed challenging the above said "Notice of Striking Off and Dissolution"of the ROC
(3.) Xxx;