Rajeswara Rao Vittanala, Member - (1.) The Present Company Application bearing NO.151/252/HDB/2017 is filed by M/s. AMC Engineering (India) Private Limited, under Section 252(3) of the Companies Act, 2013 on 10.10.2017 by seeking the following relief : a. an opportunity be given to the Company to restore the company which was struck off by the Registrar of Companies and to continue to carry on the business; b. to direct the Respondent to forthwith restore the name of the Company in the Register of companies and to effect of the restoration, issue the Fresh Certificate of Incorporation in this regard; c. to allow filing of Financial Statements and Annual Returns and other related documents for the Financial Year 2014-15 and 2015-16 onwards with the Respondent;
(2.) Brief facts of the case, as mentioned in the application, leading to the filing of application, are as follows: a) M/s.AMC Engineering (India) Private Limited (which is referred to as Company hereinafter) is a Private Limited Company was incorporated under the provisions of Companies Act, 1956 on 07.09.2012 with the Registrar of Companies, Andhra Pradesh with CIN: U45209AP2012PTC082970. b) The main objects of Company are to carry on business of all types of Civil, Engineering Contracts, purchase, acquire, lease or in exchange or in any other lawful manner ay land, buildings or properties of any kind for the purpose of investment or resale and rendering all services such as planners, designers, consultants and other services required for execution of any infrastructure projects in India and Abroad etc., and business of purchase, acquire, lease or in exchange or in any other lawful manner any land, buildings, structures or properties and rendering all services such as planners, designers, consultants, constructions, builders, etc., Its Authorised Share Capital is Rs.1,00,000/-divided into 10,000 Equity Shares of Rs.10/- each and Paid-up Share Capital of the Company is Rs.1,00,000/-divided into 10,000 Equity Shares of Rs.10/- each. c) The Registrar of Companies has issued the impugned letter No. ROCH/248(1) /Removal/82970/2017, dated 17.03.2017 in Form No.STK-1 for removal of name of the Company from the Register of Companies. However, the Company could not respond to it within the stipulated period of 30 days as a communication inadvertently got misplaced. However, it is subsequently noticed that name of Company was struck off and notices dated 05.05.17 and 21.07.17 were also placed in MCA portal and contain list of many Companies includes name of applicant's Company. d) The Company started their business after its commencement and also used to file its Annual Returns (Financial Statements) upto 31.03.2014. However, due to non -filing any of the annual returns for the years 2014-15 and 2015-16, the name of the company was struck off on the assumption that Company was not doing any business. e) The Company has exclusively appointed one Consultant to look after the work of filing of Annual Returns with the ROC, and the Applicant Company was under the impression that the Annual Returns in question were also filed till the impugned action was known. However, the Company is regularly conducting its meetings according to the provisions of Companies Act, 2013, and AGMs were held on 30.09.2015 and 30.09.2016 for the F.Y. 2014-15 and 2015-16 respectively. f) The Respondent has struck off the name of the Applicant Company from Register of Companies maintained by ROC, under Sub section (1) , (4) and (5) of Section 248 of the Companies Act, 2013. As per law, the Respondent should have sent a Notice in Form No.STK-1, and thereafter a Public Notice in From No.STK-5 followed by another public notice in Form No.STK-7. Neither Applicant nor the Directors of Company have received notice in Form No.STK-1 either physically or electronically, except displaying a Public Notice in Form NoSTK-5 vide No.ROC/HYDERABAD/STK-1 /Revised, dated 05.05.2017 with reference to letter No. ROCH/248(1) /Removal/82970/2017, dated 17.03.2017 and Form No. STK-7 vide No.ROC(H) 248(5) /STK-7/2017 dated 21.07.2017 ink the Portal maintained by the MCA, which in turn given effect of Striking Off of the Applicant Company from the Register of Companies maintained by the ROC. The Company's Master Data maintained by the ROC in the MCA Portal is also showing the company status as "Strike Off" g) It is stated that the impugned action cause a lot of hardship to the Company , its shareholders apart from public customers such as delivery of works as per agreed schedule will also be hampered, which will result in breach of terms and the livelihood of all such employees / workers would be at stake. The non-filing of the Annual Accounts / Financial Statements was occurred inadvertently and was neither deliberate nor wilful on the Applicant Company and it is prepared to file all the Financial Statements / Annual Reports within stipulated period as prescribed by the Tribunal
(3.) Heard Shri D.V.K.Phanindra, PCS for the Applicant and Shri R.C.Misra , Registrar of Companies.;