NITAL J RAVAL Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This company petition is filed by Mrs. Nital J. Raval, Director of Unique Auto Sourcing Pvt. Ltd. seeking relief against the respondent to restore the name of the company in the register of companies maintained by the Respondent.

(2.) The Petitioner states that the Company has inadvertently failed to adopt the statutory requirement oi filing financial statements and Annual returns of the company for the Financial years ended on 31.3.2014, 31.3.2015 and 31.3.2016 with the Registrar of Companies, and the same gave reasonable cause to the Respondent to believe that the Company was not carrying on any business or operations for a period of two years immediately preceding the financial years. The Respondent issued notice on 7.3.2017, under section 248(1) of the Companies Act, 2013, expressing its intention to remove the mime of the company from the Register of Members on the ground that the company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of the Dormant Company under section 455, for which the company replied on 11.3.2017, stating that the company has not earned any revenue from operations but the Directors are exploring various business prospects and the company will function as a going concern in near future, it duly conducted the Annual General Meeting and adopted the audited the Financial statements, though the filing of the same is pending with the Registrar of Companies, and requested not to initiate any process for removal of name of the company from the Register of Companies. However, on 22.7.2017 the name of the company was struck off from the Register of Companies by the Respondent.

(3.) The Petitioner has enclosed the Income-tax Return filed by the Company for the Assessment Years 2016-17 and 2017-18, Bank Statement for period from 9.3.2017 to 21.8.2017 showing some transactions.