- (1.) The Petitioner Company M/s. Sutek Systems (India) Pvt. Ltd. has filed the present petition under Section 252(3) of the Companies Act, 2013 with a prayer for issuance of directions to the Registrar of Companies, Karnataka to restore the name of the Company as originally existed in its register and continue its name on the Register of Registrar of Companies.
(2.) The averments made in the Company Petition are briefly described hereunder: 1. The Petitioner Company M/s. Sutek Systems (India) Private Limited was incorporated with the Office of the Registrar of Companies, Karnataka on 9th March, 2012 bearing CIN: U29221KA2012TC062935, under the provisions of the Companies Act, 1956 as a Private Limited Company, with its Registered Office at No. 1/33, II Floor, 80 Ft. Road, 1st Stage, KHB Colony, Basaveshwaranagar, Bangalore 560 079 2. The Authorised Share, Issued, Subscribed and Paid-up Capital of the Petitioner Company is Rs.2,00,000/- divided into 20,000 equity shares of Rs.10/- each. 3. That the Respondent Party has not followed the procedure prescribed under Section 248(1) of the Companies Act, 2013, notices as required under Section 248(1) were not sent and has not proceeded to issue notice under Section 248(5) publishing the name of the petitioner Company in the Official Gazette on 17 July, 2017 of STK-7 ROC (B) 2017/1. Copy of the notification dated 17th July, 2017 of STK-7 ROC (B) 2017/1 issued by the Respondent Party under Section 248(5) of the Companies Act is enclosed and marked as Annexure-2. 4. That the Petitioner Company has been active since incorporation and has also been mamtaining all the requisite documentation, as per the provisions of the Companies Act, 2013. 5. That the Petitioner Company did not receive any show cause notice, nor was it afforded any opportunity of being heard before the aforesaid action was taken by the Respondent Party. 6. That the Petitioner Company submits that the present petition is within the limitation period stipulated by Section 252(3) of the Companies Act, 2013 i.e. 20 years. 7. It is further averred that the accounts of the Petitioner Company were prepared and audited and that the Company had engaged the services of a Company Secretary to perform the task of filing the returns with the office of the Registrar of Companies and in the meantime, the Company's name was struck off by the ROC. Hence the Company was not able to file the pending Annual Returns. It is further averred that the Petitioner Company has filed Balance Sheets and Annual Returns upto March, 2014, when the Balance Sheet and Annual Returns as at 2015 and 2016 along with the Auditor's Report in respect thereof was not ready to be filed with the Respondent Party that the fact of non-filing of the returns and other documents with the Respondent Party, as well as the fact that the Petitioner's Company name had been struck off in the Register maintained by the Respondent Party, was known to the Petitioner Company. 8. That the object of Section 252(3) of the Companies Act is to give a chance to the Company, its members and creditors to revive the Company which has been struck off by the Registrar of Companies, within a period of 20 years, and to give them an opportunity of carrying on the business only after the Hon'ble Tribunal is satisfied that such restoration is necessary in the interest of justice. 9. That after coming into the notice of the striking off the Company, the Company has filed all the pending Balance Sheets, Profit and Loss accounts and Annual Returns for previous two years, which were pending on the part of the Company. In case this Hon'ble Tribunal requires any other information, account or records from the Company, the Company and its Management shall file the same at the earliest. The copies of all the Balance Sheets, Profit and Loss accounts and Annual Returns filed by the Company have been enclosed and marked at Annexure-4.
(3.) Main objects of the Petitioner Company is to carry on the business to Engineer, develop, design, assemble, manufacture, produce, import, export, sell, buy and otherwise deal in all types of industrial automation products like programmable logic controllers, servo motors and drives. Variable frequency drives, human machine interfaces and allied products and also the supporting products SMPS (power supplies, relays, MCBs, computers and software connected to program main products and to carry on the programming the machineries and support customers in integrating these products. A copy of Memorandum of Association and Articles of Association is enclosed and marked as Annexure-1.;