Ch Mohd Sharief Tariq, Member - (1.) Under consideration is a Company Application that has been filed on 19.09.2017 under Section 252 (3) of the Companies Act, 2013 by the Applicant Company viz., M/s. SMI Auto India Private Limited having CIN No. 29219TN2007PTC063194 and its Registered Office is situated at No. 373, Chettipedu Main Road, Kuthampakkam Village, Poonamallee, Chennai-600 124. 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 is a private limited company and was incorporated on 20.04.2007 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 carry on in India or elsewhere the business of manufacture, process, assemble, erect, install, repair, remodel, overhaul, service, maintain, import, export, produce, convert, fabricate, finish, remodel, recondition, buy, sell, handle, contract.
(3.) It has been stated that after incorporation, the Applicant Company has been continuing its business operations. The Applicant Company failed to file the Financial Statements and Annual Returns for the period from 2007-08 to 2015-16. Thereafter, the Applicant Company has shifted its Registered Office in the year 2010. In this regard the necessary documents were not filed with the Registrar of Companies. Therefore, the notice issued by the Respondent under Section 248 of the Companies Act, 2013 was not received by the Applicant Company. Hence, 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.;