IN RE Vs. NAKSHATRAS RESTAURANT PVT LTD

JUDGEMENT

(1.) Counsels for both the parties are present. Heard. The Company was incorporated during 2006. Until 2013, balance sheets and annual returns were filed with the RoC. The RoC has struck off the name of the Company from the Register of Companies under section 248(5) of the Companies Act, 2013. The objections were filed by the RoC. However, the Counsel for the RoC submitted that he has no objection in case the application is allowed.

(2.) In the circumstances stated in the Application and the submissions made by both the Counsels, the Application is allowed with the direction to the RoC to restore the name of the Company in the Register of Companies. The Applicant is directed to file all the pending balance sheets and annual returns within the time as may be provided by the RoC. The Applicant shall also pay penalty to the tune of Rs. 10,000/-to the Office of the RoC as per the procedure prescribed for the expenses to be incurred for restoration of the name of the Company, in the Register of Companies. The Applicant is also directed to file an affidavit to the effect that no tainted money has been deposited in the accounts of the Company during the period of demonetization. Accordingly, the Application is allowed.