- (1.) The present Company Application bearing No.8/252/HDB/2018 is filed by Boppanna Shiva Kiran, authorised Shareholder/Member, Haru Rensource Private Limited under Section 252 of the Companies Act, 2013 r/w NCLT Rules, 2016 r/w Rule-87A of the NCLT (Amendment) Rules, 2017, by inter alia seeking following reliefs \ from Tribunal: a) to set aside the order of the Respondent No.2 with regard to striking off the name of the Respondent No.l Company from the Register of Companies; b) to pass an order for restoration of the name of the Respondent No. 1 Company in the Register of Companies maintained by the Registrar of Companies, AP & Telangana; c) direct the Registrar of Companies to place the Respondent No. 1 Company and all other persons in the Respondent No. 1 Company such as Shareholders, Employees and all other related to the Company are in the same position as nearly as may be as if the name of the Company had not been struck off from the Register of Companies; d) order that the Respondent No.l Company shall deliver a certified copy of the order of this Tribunal to the Registrar of Companies within 30 days from the date of the order in physical form; e) order that upon delivery of the physical form of the certified copy of the order of this Tribunal, the Registrar of Companies enables the Respondent No.l Company to deliver the order through electronic mode in the form of an attachment to INC-28 or with any other relevant form as prescribed by Ministry of Corporate Affairs; f) order that upon such delivery, the Registrar of Companies do, in his Official Name and Seal, publish the order in the Official Gazette enabling the Respondent No.l Company to be in the Register of Companies maintained by RoC; g) allow the Respondent No.l Company to file the pending Financial Statements and Annual Returns with RoC within 30 days, from the date of enabling the Company by RoC in his portal, to file such documents under e-filing with requisite fee and additional fee as prescribed under section 403 of the Companies Act, 2013 read with Rule 12 of Companies (Registration Offices and Fees) Rules, 2014, or or before a date prescribed by the Hon'ble Tribunal; h) order that upon delivery of the certified copy of the order of this Hon'ble Tribunal, the Respondent No.2 issue a letter certificate in his official name and seal addressed to the RBI that the Company's name has been restored in the Register of Companies and the Bankers shall defreeze/activate the Bank Accounts of the Company and i) pass such other order or orders as deemed fit and proper in the circumstances of the case.
(2.) The Appellant No.l submitted that pending disposal of the final prayers, the Tribunal may pass the following interim order: "to pass an interim order to "unfreeze" the bank account of the Company to the extent to facilitate the company to honour payments to be made to the Telangana State Forest Development Corporation Limited, a Telangana State Government Company"
(3.) Brief facts of the case are as follows: a) The Respondent No. 1 Company was incorporated on 07.12.2012 under the Companies Act, 1956 as a Private Company Limited by shares in the name and style as "Haru Rensource Private Limited" under Corporate Identity No.U40108AP2012PTC084700. Mr.Boppana Shiva Kiran is a Shareholder of Respondent No.l Company and Mr.Boppana Sai Kiran is a Promoter shareholder of Respondent No. 1 Company. b) The Company is established with main object to carry on the business on the Green energy / Non-conventional / Renewable sources of Energy and River Valley Projects, in India and abroad including planning, investigation, research, design and preparation of preliminary, feasibility and detailed of Project Report, EPC and Operation and Maintenance of such power i stations and to generate, harness, develop, purchase, accumulate, trade, distribute and supply electricity by setting up generation through renewable energy sources such as power generation from poultry litter, biomass, solar, solar power, photo voltaic, wind, hydel, geo-hydel, tidal waves, municipal waste or through any other means and to supply such power either directly or through transmission lines or through such other means.;