NCLT JUDGEMENT ON SECTION 248, 248(1), 248(4), 252(3), 455 OF THE COMPANIES ACT, 2013

 

 

 

 

NAME

MOBILE NO.

E-MAIL I’D

RANJEET KUMAR

8383098478, 9667769795

rk@courtkutchehry.com

JAI THAKUR

8130703334, 9355723300

jai.thakur@courtkutchehry.com

RAJEEV RANJAN

9334553249

rajiv.ranjan@courtkutchehry.com

ASHOK MISHRA

9718327746

sales@courtkutchehry.com

RAVI KUMAR


ravi.singh@courtkutchehry.com

Ambrish Gunvantrai Dave, Director Of Euthenics Energy Solutions Pvt. Ltd. Vs. Registrar Of Companies, Gujarat, (2020) 08 NCLT CK 0068

NCLT allowed the appeal filed by the applicant, under Section 252(3) of the Companies Act, 2013 for restoration of the name of the struck off company. While allowing the appeal NCLT held that it is noted that company has failed to file returns for three Financial Years which prompted ROC, (Dadra & Nagar Haveli) Gujarat to strike off the name of such company from its Register of Companies. No plausible explanation has been given for such failure. Although, it has been claimed that notice u/s 248(1) was not served but it is noted that notice in Form STK-5 containing name of this company was published. The Company is no doubt having business operations and has got capital liabilities as well as assets in its balance sheet. Company has already substantial revenue in the year 31.03.2018 and 31.03.2017 respectively. The revenue is increased in yearly basis. Thus, the name of the company needs to be restored in the Register of Companies maintained by ROC, (Dadra & Nagar Haveli), Gujarat from the date of its striking off. However, for non-compliance of provisions of Companies Act, 2013 relating to filing of statutory returns without plausible explanation, even after having substantial operations, suitable cost needs to be imposed.

Comments

Post a Comment

Popular posts from this blog

NCLT JUDGEMENT ON SECTION 220, 248(1), 248(2), 248(4), 252(1), 252(3), 262 COMPANIES ACT, 2013

Image
        NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com Bara Machines Private Limted Vs. Registrar Of Companies, Gujarat, (2020) 06 NCLT CK 0005 NCLT allowed the appeal filed by the Appellant   under Section 252(1) of the Companies Act, 2013, against the order of Registrar of Companies (hereinafter referred to as 'ROC'), Gujarat, whereby and where-under the ROC, Gujarat pleased to struck off the name of the Company from the Register maintained for live Companies. While allowing the appeal NCLT held that in this case, the Appellant stated that no Notice has been served on him and/or the Company, whereas, the ROC, Gujarat contended that such Notice was duly served to him. It i...
Read more

NCLT JUDGEMENT ON SECTION 3, 3(10), 3(11), 3(23), 5, 5(7), 5(8), 5(20), 5(21), 7, 8, 8(1), 8(2), 9 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016, RULE 5(2), 6 OF THE INSOLVENCY AND BANKRUPTCY (APPLICATION TO ADJUDICATING AUTHORITY) RULES, 2016 AND SECTION 2(Z), 2(ZN) OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

Image
        NAME MOBILE NO. E-MAIL I’D RANJEET   KUMAR 8383098478 ,  9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 ,  9355723300 jai.thakur@courtkutchehry.com RAJEEV   RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK   MISHRA 9718327746 sales@courtkutchehry.com RAVI   KUMAR ravi.singh@courtkutchehry.com Ashok Agarwal Vs. Amitex Polymers Private Limited, (2020) 06 NCLT CK 0040 NCLT dismissed the petition filed by the petitioner, under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity 'code') read with Rules 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority), 2016 (for brevity 'the Rules') with a prayer to initiate the Corporate Insolvency process against the Corporate Debtor. While dismissing the petition NCLT held that we would like to refer the latest decision of Hon'ble NCLAT passed in the matter of Digamber Bhondwe Vs. JM Financial Asset Reconstruction Company Limited in which Hon...
Read more