K. Anantha Padmanabha Swamy, Member - (1.) This is an application No.CP.126/2017 filed under section 252(1) of the Companies Act, 2013 (hereinafter called as the Act) filed by M/s SPECTRUM7 TECHNOLOGIES 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.
(2.) Brief averments of the application are that the Company was incorporated on 23.06.2008 in the State of Tamil Nadu and the authorised capital of the Company is Rs.1,00,000/- divided into 10000 equity shares of Rs.10/- each and the paid up capital of the Company is Rs.1,00,000/- divided into 10000 equity shares of Rs.10/- each. The Company is engaged in the business of as designers, developers, consultants, dealers, sellers, buyers, importers, exporters, and processors of all types in all kinds and descriptions software products etc. mentioned in clause lll(A) of its memorandum of association of the Company.
(3.) The Company has filed its annual accounts till the financial year 2009-2010 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/S248/Stkl/2017/SK/BS/VR dated nil 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.;