K. Anantha Padmanabha Swamy, Member - (1.) Under consideration is an application filed by Shri. A.R Rajasekar under section 252(3) of the Companies Act, 2013 read with the rule 87A and 11 of the National Company Law Tribunal Rules, 2016 in the TCP No. 116 of 2016 filed under section 111, 237, 397 398,402 and 403 of the Companies Act, 1956.
(2.) The Applicant herein has filed a petition alleging various acts of Oppression and Mismanagement in the Affairs of R2 herein and it is pending before this Tribunal for disposal. When the matter is pending for disposal, the ROC herein has taken steps and "struck off the name of the Company from the Registrar of Companies due to the failure of the R2 Company in filing the Balance Sheets and the Annual Returns for the years ending 31.03.2013 to 31.03.2016 and such the fact has been published in the Gazette of India dated 15-21st July, 2017 in page no.1303 of Gazette of India S.No. 1449. Since the Company has been "Struck off by the Registrar of Companies, the petition is pending in TCP No. 116 of 2016 could not be continued. Therefore, the Applicant/ Petitioner filed the present Application and prayed for a direction to the ROC herein to restore the Company in the Register of Companies.
(3.) The Rl filed his counter and submitted that the application may be considered on merits and the applicant and the R2 company be directed to file the pending Financial Statement and the Annual Returns.;