- (1.) This is an application No. 192/2017 filed under Section 252 of the Companies Act, 2013 (hereinafter called as the Act) filed by M/s.Hamnet Builders and Developers Private Limited CIN U45200KL2008PTC022249 (hereinafter called as the Company) seeking a direction to the Registrar of Companies, Kerala (the ROC) to restore the Company in the Registrar of Companies.
(2.) Brief averments of the application are that the Company was incorporated on 11.04.2008 in the State of Kerala and the authorised 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 of builder, contractors, designers, architects, decorators, furniture, consultants, constructors of all types of houses, villas, flats and to deal in all types of raw materials, goods, fittings, parts, accessories, know how, consumables, plant and machineries, tools and tackles used for the foregoing purpose. The Company has not filed its annual returns and balance sheet from the financial year 31.03.2009 onwards with the ROC. The ROC has issued notice under section 248 of the Act. The ROC subsequently, "struck off the name of the Company from the Register of Companies and the Company came to know of the same only from the Notice of "Striking Off and bearing No.ROC/(k) /STK-7/248(5) /2017/21570 dated 16/06/2017 issued by the ROC under section 248(5) of the Act.
(3.) The petitioner has stated that the Company has failed to file the balance sheets and the annual returns from the financial year 31.03.2009 onwards to till date. 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 July, 2017 in page No.14854 under S.No.2637.;