Ch Mohd Sharief Tariq, Member - (1.) Under consideration is a Company Application that has been filed on 20.09.2017 under Section 252 (3) of the Companies Act, 2013 by the Applicant Company viz., M/s. Lakhotia Enterprise Private Limited having CIN No. U51909TN1998PTC039974 and its Registered Office is situated at No. 155, Broadway, Chennai - 600 108. 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 25.02.1998 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. 1,00,000/-. The main object of the Applicant Company is to buy, sell, import, export, distribute, manufacture, process and deal in all types of rubber and rubber goods, rubber belts; to deal in all types of raw materials used in the components in the rubber, plastic and belting industries, and products and to carry on the business of agency and manufacturers, representatives, both in Indian and foreign and to appoint sub-agents or other agents in any part of the India and outside India for the sale of its own manufactured goods and similar goods of principals.
(3.) It has been submitted that the Applicant is a private limited company having two shareholders and one of them suffered from serious ailment. Since the Balance Sheets and Annual Returns had to be ratified and signed by both the members, the same could not be filed with the RoC from the Financial Year 2013 onwards, which is neither wilful nor wanton. As a result, 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.;