K Anantha Padmanabha Swamy, Member - (1.) This is an application No. 150/2017 filed under Section 252 of the Companies Act, 2013 (hereinafter called as the Act) filed by M/s.Kingston Auto Body Works Private Limited CIN U34201KL2012PTC030494 (hereinafter called as the Company) seeking a direction to the Registrar of Companies, Kerala (the ROC) to restore the Company in the Registrar of Companies.
(2.) Brief averments of the application are that the Company was incorporated on 09.02.2012 in the State of Kerala and the authorised capital of the Company is Rs. 10,00,000/-divided into 1,00,000 equity shares of Rs.10/- each and the paid up capital of the Company is Rs. 10,00,000/- divided into 1,00,000 equity shares of Rs.10/- each. The Company is engaged in the business of body building of tippers, covered body, insulated body, bus body, platform body and all type of auto body works and to manufacture, fabricate and assemble etc. and to act as brokers and marketing agents for aforesaid items. The Company has not filed its annual returns from the financial year 2012-2013 onwards with the ROC. The ROC has issued notice under section 248 of the Act. The ROC subsequently, "struck off the name of the Company from the Register of Companies and the Company came to know of the same only from the Notice of "Striking Off and bearing No.ROC/(k) /STK-7/248(5) /2017/21570 dated 16/06/2017 issued by the ROC under section 248(5) of the Act.
(3.) The petitioner has stated that the Company has failed to file the balance sheets and the annual returns from the financial years 2013 onwards to till date. However, action under Section 248 of the Act was initiated by striking off the name of the Company by the Registrar of Companies and consequently the order of "struck off was published in the Gazette of India dated 15th July, 2017 in page No.14821 under S.No.976.;