KOHINOOR ELEVATORS PVT LTD Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This company petition is filed by the Petitioners seeking relief against the respondent to restore the name of the company in the Register of companies maintained by the Respondent.

(2.) The grievance of the Petitioner is that the company was struck off under section 248 of the Companies Act, 2013 wherein the Respondent side filed a detailed report explaining the reasons for striking off of the company under section 248 of the Companies Act, 2013. It is an admitted fact that the company has not filed its Annual Return and Financial Statements from the Financial Year 2012-13 onwards.

(3.) The Petitioner says that the company is a going concern, but by inadvertence the Company has not filed its Annual Returns and Financials for the Financial Years 2010-11, 2011-12, 2012-13, 2013-14, 2014-15 and 2015-16. The Petitioner has enclosed the Audited accounts for the financial years 2010-11, 2011-12, 2012-13, 2013-14, 2014-15 and 2015-16, Bank Statement of Abhyudaya Co-operative Bank, Mulund Branch, for the period from 1.10.2016 to 7.11.2017, copies of MVAT e-return filed for the period from January 2011 to November, 2017, copies of Tax invoices of purchases and Sales for the period April 2017 to November 2017 and Acknowledgement of Income-tax Returns filed for the Assessment years 2011-12 to 2015-16 to show that the company is actively involved in its business from its incorporation.