INFINITE LINKED SOLUTIONS PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES, HYDERABAD
LAWS(NCLT)-2018-1-887
NATIONAL COMPANY LAW TRIBUNAL
Decided on January 16,2018

INFINITE LINKED SOLUTIONS PRIVATE LIMITED Appellant
VERSUS
REGISTRAR OF COMPANIES, HYDERABAD Respondents

JUDGEMENT

Rajeswara Rao Vittanala, Member - (1.) The Present Company Application bearing CA No.206/252/HDB/2017 is filed by M/s. Infinite Linked Solutions Pvt. Ltd,under Section 252(3) of Companies Act, 2013,by inter-alia seeking the following reliefs: a) To pass appropriate order for restoration of the name of the applicant in the Registrar of Companies, Andhra Pradesh and Telangana. b) To pass appropriate order for the placing the applicant as nearly as may be as if the name of the applicant had not been struck off, etc
(2.) Brief facts of the case, as mentioned in the application, are as follows: a. M/s. Infinite Linked Solutions Private Limited (hereinafter referred to as the Applicant) was incorporated under the Companies Act, 2013 on 02nd April, 2012 as a Private Limited Company with the Registrar of Companies, Andhra Pradesh and Telangana. b. The main objects of the company is to carry on business of buyers, sellers, wholesalers, traders, importers, exporters, improvers, indenters, stockists, distributors, contractors, agents, licensors, franchisers, dealers, maintainers, exchangers, assemblers, and jobber sin all kind of telecommunication equipment, connections, accessories, spare parts, mobile and landline sets and connections of different sizes and specifications, all kind of software including Networking software, voice solutions, EPABX, Telecom software, computer telephony solutions, fax solutions, TTS (text to speech) solutions, telephone software etc. c. The Authorized Share Capital of the Applicant is Rs. 10,00,000/- [Rupees Ten Lakhs] divided into 1,00,000 (One Lakhs) Equity Shares of Rs 10/- (Rupees Ten) each. The Issued, Subscribed and Paid-up Share Capital of the Applicant is Rs. 10,00,000/- [Rupees Ten Lakh] divided into 1,00,000 (one lakh) Equity Shares of Rs.10/- (Rupees Ten Only) each. d. The Company has not filed Annual Returns for the financial years 2014-15, 2015-16 and 2016-17. Hence the Company was served STK-1 notice vide ROC/ HYDERABAD /STK-1/ Revised dated 05.05.2017, U/s 248(1) , (4) and (5) of the Companies Act, 2013 for non-filing of Annual Returns. e. The Company is Carrying out its business successfully from the date of its incorporation and is conducting the Annual General Meetings regularly in Compliance with the provisions of the Companies Act, 1956 as well as the provisions of Companies Act, 2013, whichever is in force at the relevant period, and the Company has filed the Income Tax returns with the Income Tax Department regularly. f. The Annual Accounts and the Annual Returns pertaining to only three financial years i.e. 2014-15, 2015-16 and 2016-17 are to be filed. The applicant shall be able to complete its filing of pending Annual Returns and Financial Statements, upon granting of the prayers stated in this application, and when the name is restored and change its status from 'Strike Off to 'Active' in the Register of Companies maintained by the ROC and change. g. It is running its services and balance sheet showing the Assets and Liabilities of the Applicant company for the financial years 31.03.2015, 31.03.2016are revenue from operations is Rs. 32,699,935/- and Rs.48,391,159/- respectively. h. The Company has commenced business in the recent past and it is ready to file its pending returns and income tax returns as required under the act and requesting to change the status of the Company to active from strike off and give such directions to the Registrar of Companies.
(3.) Heard Ms. Kritika Sharma, learned PCS for the Applicant and I perused all pleadings along with extant provisions of law.;


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