STRIKE OFF NOTICE: STK -7 [Pursuant to sub-section (5) of section 248 of the Companies Act, 2013 and rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016], Notice No- ROC/DELHI/248(5)/STK-7/4865 Date: 08.08.2018 the name of 24280 Companies been struck off from the Register of the Companies and the said Companies are dissolved.
The aforesaid Notice has been published in reference to the below mentioned notice, which were issued on 18th June 2018.
NOTICE: STK -5 [Pursuant to sub-section (1) and sub-section (4) of section 248 of the Companies Act, 2013 and rule 7 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 through Public Notice No- ROC-DEL/248/STK-5/2018/2912 Date: 18.06.2018, In the matter of striking off of companies under Section 248 (1) of the Companies Act, 2013, 31250 Nos. Companies have not been carrying on any business or operation for a period of two immediately preceding financial years and have not made any application within such period for obtaining the status of dormant company under Section 455 of the Companies Act, 2013.
And, therefore, proposes to remove/strike off the names of the above mentioned companies from the Register of companies and dissolve them unless a cause is shown to the contrary, within thirty days from the date of this notice.
HOW TO REVIEVE? – Provisions with regard to the Revival of Companies or restoration of Name of Companies are provided under Section 252 of the Companies Act, 2013 read with the National Company Law Tribunal (Amendment) Rules, 2017.
Section 252 of the Companies Act, 2013 provides that if a COMPANY, or any Member or Creditor’s or workmen’s thereof, is aggrieved may apply to the NCLT (Tribunal), if satisfied that the company was, at the time of the striking off, carrying on business or in operation or otherwise that it is just that the company be restored to the Register.
Detailed procedure of filing an application for restoration of Company, which has been struck off from the records of the ROC, has been provided in Section 252(3) read with rule 87A of National Company Law Tribunal (Amendment) Rules, 2017. These Rules were notified on 05-07-2017.
1. An application / appeal shall be filed in Form No. “NCLT – 9” with NCLT Bench having jurisdiction based on the Registered Office Address of the Company with Detailed reasons for such restoration along with the evidence and proofs; Affidavit verifying the petition in prescribed form duly notarized; Demand Draft for payment of fee of Rs. 1,000/- (Rupees One Thousand Only); Copy of MOA & AOA, Copy of Notice as issued by the concerned ROC for striking off of the Company; Copy of Board Resolution for restoration of Name, Authorization in favour of any director and appointment of Professional to appear on behalf of the Company, Memorandum of appearance with copy of the Board Resolution or the Vakalatnama, as the case may be, Latest audited financials; Proof of service of application on ROC; Any other documents in support of the case.
2. Applicant has to serve an advance copy of the application on the Registrar of Companies and on such other persons as the Tribunal may direct, not less than 14 days before the date fixed for hearing of the application.
It is important to note that in a recent Order of NCLT i.e. M. G. Power System Private Limited V/s Registrar of Companies, NCT of Delhi & Haryana Dated 18th May, 2017 C.P. No. 47/2015 – Before NCLT, New Delhi
The Hon’ble NCLT has allowed the petition; even ROC has contended that the petitioner company has not filed its statutory returns and other documents since incorporation. Thus, it’s giving rise to the reasonable belief that the company was not operational. The Hon’ble NCLT states that it would be just and proper to order restoration of the name of Company in the register of the ROC. The petitioner company was directed to file all pending returns in 30 days of restoration and to deposit Rs. 25,000/- to Prime Minister Relief Fund.
The Companies Act, 2013 provides exhaustive measures for the revival of companies and the Hon’ble NCLT is vested with powers to take all necessary measures for the revival of companies. Petitioner has to ensure that the grounds, facts and documents are adequate and proper before filing any such application or appeal for revival of Company.
POST REVIVAL ORDER:-
1. On getting the order for Restoration of the Name, Company shall file the copy of order with the concerned Registrar of Companies with in a period of 30 days from the date of the order in Form INC – 28.
2. As per the directions of the NCLT the company shall file all pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013.
3. The Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette after restoration of the name of the Company in his records.
DISCLAIMER: This information is an opinion on the subject and users of this information are expected to refer to the relevant existing provisions of applicable laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I would not be held responsible for the act based on the information provided as above.