- (1.) This company petition is filed by Intertium Automotive Pvt. Ltd., seeking relief against the respondent to restore the name of the company in the register of companies maintained by the Respondent.
(2.) The Petition reveals that the Respondent after giving due notices on 09.3.2017 in Form STK-1 and on 27.4.2017 in Form STK-5A, under section 248(1) the Companies Act, 2013, on the ground that the company is not carrying on any business or operation for a period of two immediately preceding financial years and have not made any application for obtaining the status of Dormant Company under section 455 of the Companies Act 2013, struck off the company from the Register of Companies and dissolved the company by an order dated 11.7.2017 by publishing in the Official Gazette. The Petitioner company replied on 31.3.2017, for the notice dated 9.3.2017 issued by Respondent, stating that due to unavoidable circumstances the Company could not file the Annual filings with the Respondent.
(3.) The Petitioner Company submits that it failed to file financial statements and Annual Returns for the period 2014-15, 2015-16 and 2016-17. The Petitioner further submits that on revival of the name of the company it will file the pending documents with the Respondent. The company enclosed the returns filed by it before Central Excise Authority and Sales -tax Authority to prove that company is doing business.;