- (1.) This is an application No.207/2017 filed under Section 252 of the Companies Act, 2013 (hereinafter called as the Act) filed by M/s.Ar-Rahman Haj Service 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 23.04.2010 in the State of Tamil Nadu and the authorised, subscribed and paid up share 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 as tourists and travel agents by arranging tour and services to HAJ, UMRA, MECCA and other pilgrimage centers and booking of tickets for all modes of transports like rail, road, air, ship etc. The Petitioner Company has not filed Annual Return as well as Balance Sheet from 2013-14 onwards. 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/S.248/Stkl/2017/SK/BS/VR dt.18.03.2017 and was published in the Gazette of India dated 15th ' 21th July, 2017 in page No.14711 under S.No.7743. 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 ROC, who is respondent herein, has filed 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 was not used as means to transact tainted money during the period of demonetisation.;