HEXA HOLDINGS PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) Under consideration is a Company Application that has been filed on 29.08.2017 under Section 252 (3) of the Companies Act, 2013 by the Applicant Company viz., M/s. Hexa Holdings Private Limited having CIN No. U93000TN2012PTC084945 and its Registered Office is situated at Sigappi Achi Building, 4th Floor, Door No. 18/3, Rukmini Lakshmipathi Road, (Marshalls Road) , Egmore, Chennai - 600 008. 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 15.03.2012 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 carry on the business of consultants, adviser in investments, finance and to invest in shares, debentures, quasi equities, debt instruments and other financial instruments, to hold such investments, to transfer, sell or deal with such instruments.

(3.) It has been stated that after incorporation, the Applicant Company has been continuing its business operations. The Balance Sheet and the Profit and Loss account of the Company for the financial years ended 31.03.2013, 2014, 2015 and 2016 were duly audited and approved by the Board of Directors and were also approved by the shareholders in the Annual General Meeting of the respective years. However, by inadvertence, the Applicant Company omitted to file the required Annual Returns with the Registrar of Companies, which is neither wilful nor wanton. Hence, 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.