R.P. Nagrath, Member - (1.) This petition has been filed by Mr. Titus Leon Maria Gall one of the shareholders of the company, namely, M/s Pai Engineering Services Private Limited in terms of Section 252 (3) of the Companies Act, 2013 (for short to be referred hereinafter as the 'Act') for restoration of the company in the register of Companies. The application has been filed in Form NCLT 9 as required under Rule 87A of the NCLT Rules, 2016 inserted by way of amendment vide notification dated 05.07.2017.
(2.) The petitioner-company was incorporated as a Private Limited company on 19.06.2006 with the Registrar of Companies, Jammu & Kashmir with its registered office in Srinagar and, therefore, the matter falls within the territorial jurisdiction of this Tribunal. The petitioner-company failed to file Balance Sheets from the years ending 31.03.2013 onwards. The Registrar of Companies, Jammu & Kashmir issued notice under Section 248(1) of the Companies Act, 2013 seemingly on the ground that the company was not carrying on business and not in operation when its name was struck off from the register of Companies. The petitioner-company failed to file Balance Sheets despite issuance of notice and, therefore, name of the petitionercompany was struck off from the register of Companies. Annexure-1 is the copy of the Memorandum and Articles of Association of the company with which the Certificate of Incorporation has been annexed. It is stated that the petitioner-company was carrying on business and was in operation when its name was struck off from the register of Companies.
(3.) The authorized and the issued, subscribed and paid up share capital of the company is Rs. 1,00,000/- divided into 1000 equity shares of Rs. 100/- each.;