- (1.) This is an application No.224/2017 filed under Section 252 of the Companies Act, 2013 (hereinafter called as the Act) filed by M/s.Tun L'Hotel House Boat Resorts Restaurant Private Limited (hereinafter called as the Company) seeking a direction to the Registrar of Companies, Tamilnadu, Chennai (the ROC) to restore the Company in the Register of Companies.
(2.) Brief averments of the application are that the Company was incorporated on 15.02.2010 in the State of Tamil Nadu and the authorised capital of the Company is Rs.5,00,000/- divided into 50,000 equity shares of Rs.10/- each and the Issued, Subscribed and Paid up capital of the Company is Rs. 1,00,000/-divided into 10,000 equity shares of Rs.10/- each. The Company is engaged in the business to setup, run and maintain resorts, leisure hotels, club houses, boarding and lodging houses, taverns, beach houses and related activities and to carry on business of restaurants, fast foods, service restaurants, refreshment rooms, coffee/tea cafes etc. The Petitioner Company has not filed Annual Return as well as Balance Sheet from the financial year 2014 onwards. ROC Chennai intimating that the company has been "struck off in the Register of Companies as per the Notice No.ROC/S.248/Stkl/2017/SK/BS/VR of MCA in form No.STK-1. The Company is still carrying on its business and its activities and therefore the present application is filed for restoration of the name of the company in the Register of Companies.
(3.) The petitioner submitted that non-filing of the balance sheet and annual returns from the financial year ending 2014 onwards to till date in terms of the provisions of the Act, since the company does not have any professional guidance earlier with the provisions of the Act. However, action under Section 248 of the Act was initiated by striking off the name of the Company by the Registrar of Companies and consequently the order of "struck off was published in the Gazette of India dated 15th-21st July, 2017 in page No.14661 under S.No.5335. Meanwhile, the petitioner company has filed annual return as well as balance sheet upto the financial year 2016 in June 2017 just before initiating action under Section 248 of the Companies Act, 2013.;