SHIVRAM AUXILIARY SERVICES PVT LTD Vs. ROC, CHENNAI

JUDGEMENT

(1.) Under consideration is a Company Application that has been filed on 13.11.2017 under Section 252 (3) of the Companies Act, 2013 by the Applicant Company viz., M/s. Shivram Auxiliary Services Private Limited having CIN No. U74140TN2006PTC060427 and its Registered Office is situated at No.87/5, Kalpatharu Santhome High Road, R.A. Puram, Chennai-600 028. The prayer is made to seek order for restoration of the name of the Applicant Company to the Register of Companies maintained by the concerned Registrar of Companies.

(2.) The Applicant is a private limited company and was incorporated on 04.07.2006 under the Companies Act, 1956. The Authorised Share Capital of the Applicant Company is Rs. 1,00,000/- divided into 10,000 equity shares of Rs.10/- each. The issued, subscribed and paid-up capital is Rs. 1,00,000/-divided into 10,000 equity shares of Rs.10/- each. The main object of the Applicant Company is to provide business auxiliary services to both international and domestic business entities such as production process control, finance control, rendering services relating to procurement and marketing, specific to Health Industry etc.

(3.) It is submitted that the Applicant is a running company, however, the official with whom the Company had entrusted the responsibility of filing the statutory returns have not fulfilled the promise within the time stipulated, with the Registrar of Companies, which is neither wilful nor wanton. As a result, the name of the Applicant Company was 'struck off from the Register of Companies under Section 248(5) of the Companies Act, 2013 read with Rule 3 of the Companies (Removal of Name of Companies from the Register of Companies) Rules, 2016.