K.Anantha Padmanabha Swamy, Member - (1.) This is an application CP/85/(252)/2018 filed under Section 252 of the Companies Act, 2013 (hereinafter called as the Act) filed by M/s. Marvel Green Energy Limited (hereinafter called as the Company) through the Member seeking a direction to the Registrar of Companies, Chennai (the ROC) to restore the Company in the Register of Companies.
(2.) Brief avennents of me application are that the Company was incorporated on 04.04.2012 in the State of Tamil Nadu and the authorised, subscribed and paid up share capital of the Company is Rs.5,00,000/- divided into 50,000 equity shares of Rs.10/- each. The Company is engaged in the business of Solar Energy Production and generation, conversion, distribution, installation and co1nmissioning and sale to both State and Central Gc vernment bodies and private parties, anywhere in the world and to undertake all such activities directly or indirectly associated with it, both on-shore and off-shore etc." The Petitioner Company has not filed Annual Return as well as Balance Sheet since incorporation i.e. from 2013-14 onwards. Non filing is due to inadvertence and not wilful. The respondent has therefore initiated action under Section 248 of the Companies Act, 2013 (hereinafter referred to as 'the Act') for striking off the name of the company from the Register of Companies and consequently the name of the petitioner company was struck off from the Register of Companies vide Order No.ROC/CHN/STK-7/1/2017 and was published in the Gazette of India dated 15th -21st July, 2017 in page No.14590 of Gazette of India under S.No.1912. The Company is still carrying on its business and its activities and therefore the present application is filed for restoration of the na1ne of the company in the Register of Companies.
(3.) The ROC, who is respondent herein, has filed a counter affidavit wherein the details of the Company such as date of incorporation, address of the registered office and its main objects as per the memorandum of association are mentioned. While submitting the above facts the ROC has stated that the application may be considered on merits and to direct the applicant to file all pending financial statements and annual returns and pass orders imposing costs on the applicant. The ROC has inter-alia mentioned in the counter statement that the Company be directed to file an undertaking stating that the accounts of the company were not used as means to transact tainted money during the period of demonetisation.;