- (1.) This company petition is filed by Petitioner seeking relief against the respondent, inter alia among other things, to restore the name of the company in the Register of companies maintained by the Registrar of Companies, Mumbai.
(2.) The grievance of the Petitioner is that the company was struck off under section 248 of the Companies Act, 2013, without giving any show-cause notice to the Company. However, the Respondent side filed a detailed report explaining the reasons for striking off of the company under section 248 of the Companies Act, 2013, wherein the Respondent had issued STK-1 Notice dated 10.3.2017 and the same was returned with remark "left". It is an admitted fact that the company has not filed the Annual Returns and financial statements of the company.
(3.) The Petitioner submits that the company is carrying on business of development and licensing of financial analytics software used to value derivative financial instruments and manage their risk; providing customer support and product maintenance, providing training, consultancy and other services in relation to its business. Petitioner further submits that the Applicant company has already spent substantial amounts towards development of software and has entered into arrangements with its customers for providing its services. The Petitioner Company has enclosed copies of necessary license and registrations such as Shops & Commercial Establishments registration, Service tax registration etc., to show that the company is a going concern and has been in business operation right from inception.;