GUNA ENGINEERING PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This is an application No. 118/2017 filed under Section 252 of the Companies Act, 2013 (hereinafter called as the Act) filed by M/s.Guna Engineering Private Limited (hereinafter called as the Company) seeking a direction to the Registrar of Companies, Tamilnadu, Chennai (the ROC) to restore the Company in the Registrar of Companies.

(2.) Brief averments of the application are that the Company was incorporated on 05.08.2009 in the State of Tamil Nadu and the authorised capital of the Company is Rs.25,00,000/-divided into 2,50,000 equity shares of Rs.10/- each and the paid up capital of the Company is Rs.5,00,000/- divided into 50,000 equity shares of Rs. 10/- each. The Company is engaged in the business of executing contract works for Private parties, for laying and formation, Structural construction works, Fabrication related works, and all civil nature of works at Karnataka, Uttarpradesh, Gujarat and Telengana mentioned in clause III of its memorandum of association of the Company. The Company has filed its annual returns till the financial year 2012-2013 with the ROC, however, inadvertently the annual returns of the subsequent years have not been filed with the ROC as the Company did not have any professional guidance. The ROC has issued notice under section 248 of the Act but the Company has stated that they did not receive the same. The ROC subsequently, "struck off the name of the Company from the Register of Companies and the Company came to know of the same only from the Notice of "Striking Off and Dissolution bearing No.ROC/CHN/STK-7/1/2017 dated 5-7-2017 issued by the ROC under section 248(5) of the Act.

(3.) Subsequently, the Company has filed Financial Statements and Annual Returns for all the 3 years with the ROC on 13.6.2017 with necessary Additional fees. The Company is still carrying on its business and its activities and therefore the present application is filed challenging the above said "Notice of Striking Off and Dissolution" of the ROC.