Rajeswara Rao Vittanala, Membar - (1.) The present Company Application bearing CA.No.156/252/HDB/2017 is filed by Indica Homes Private Limited, U/s 252 of the Companies Act, 2013, by seeking following reliefs; 1) To issue notice to the Respondent/Registrar of Companies in this Appeal in terms of Section 252 of the Companies Act, 2013; 2) To nullify the order of the Respondent's office in striking off the name of the Company under Section 248 of the Companies Act, 2013; 3) To change the status of the Company from 'Strike off to 'Active' to enable the Company to upload the Returns for the years 2012-2013, 2013-2014, 2014-2015 and 2015-2016 upon payment of requisite fee together with additional fees. 4) To direct the Registrar of Companies, Hyderabad to accept the filing of Annual Accounts and Annual Returns for the years 2012-2013, 2013-2014, 2014-2015 and 2015-2016 as per the law with payment of late fee; 5) To pass such other order(s) as may be deemed fit in the interest of the justice;
(2.) Brief facts of the case, leading to filing of the present application, in brief, are as follows: 1) M/s. Indica Homes Private Limited is a Private Limited Company (hereinafter referred to as the Company) was incorporated under the provisions of the Companies Act, 1956, in the erstwhile state of Andhra Pradesh (presently in the state of Telangana) under the name and style "Indica Homes Private Limited" on 20.05.1999, and its authorised share capital of the Company is Rs.14,00,000/- divided into 1,40,000 equity shares of Rs.10/- each. The current issued, subscribed and paid-up capital of the Company is Rs.7,15,000/- divided into 71,500 equity shares of Rs.10/-each. 2) The main objects of the Company, in brief, are to acquire by purchase, lease, exchange, rent or otherwise and deal in lands, buildings, etc; to carry on the business of properties of lands, flats, townships satellite cities, dwelling houses, industrial estates, etc., and to promote undertaking or industry for trade and manufacture of precast reinforced concrete and elements for housing and prefabricated building structures, spun pipes and poles in both reinforced and water supply pipes and fittings, fixtures, hardware, paints, cement, steel bricks etc., 3) The Company, on its incorporation in the year, has commenced its business activities, and it is regularly conducting Annual General Meeting's up to date and latest of those meetings conducted are 30th September, 2013, 30th September, 2014, 30th September, 2015, 30thSeptember, 2016. The Company has entrusted to its engaged professional to comply with all statutory returns in accordance with law with Registrar of Companies, to its engaged professional. Therefore, it is under the impression that the engaged professional has filed all statutory returned with ROC till it know that the impugned action of strike off of the Company on MCA web portal. 4) On coming to know about the impugned notice No. ROC(H) /248(5) /STK-7/2017, dated 21.07.2017 that Company's name was struck off in the Register of Companies, the Applicant Company tried to file the annual returns. However, it is stated by the Office of the Respondent that once the Company name is struck off, they did not have any power to restore, and it is only the Tribunal, which could have the power to consider for restoration of the Company. On enquiry, it came know that the Company's annual returns for last financial years i.e. 2012-2013; 2013-2014; 2014-2015 and 2015-2016 were not filed. However, it could not notice the prior notice issued by the ROC before taking the impugned action of Striking off the Company. Hence, the present application.
(3.) Heard Shri. Venkata Swamy Reddy Veerapareddy, Director for the Applicant Company and Mr. R.C.Misra, Registrar of Companies and also perused all pleadings of both the parties. Ref. No. ROCH/SEC252/31743/lndicaHomes/STACK/2017, dated 24.10.2017 of ROC.;