Tribunals and CommissionsSingle Bench(2019) 08 NCLT CK 0079

SAMAY Buildwell Pvt. Ltd. And Anr. vs Registrar Of Companies And Anr.

National Company Law Appellate Tribunal · Decided on 6 August 2019

HON’BLE JUDGES
R. Varadharajan, J
RESULT
Disposed Of
CASE NUMBER
Appeal No. 195 Of 2019

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Judgment

42 paragraphs · 460 words

Details Of ITRs FILING IF ANY,A.Y.,"DATE OF

FILED","INCOME/

LO SS

RETURNED","TAXES

PAID

,"2013-

14",25.03.2014,"37, 978/-","45,500/-

,"2014-

15",27.09.2014,"40, 982/-","87,500/-

,"2015-

16",30.10.2015,"1,08,240/-","78,614/-

,"2016-

17",10.10.2016,"1,87,320/-","81,000/-

,"2017-

18",31.10.2017,"3,24,860/-","1,98,480/-

,"2018-

19",01.10.2018,"2,56,830/-","1,90,560/-

Details Of Pending Proceedings,N.A.,,,

Details of any cash deposit during post

demonetization period",N.A.,,,

maintained by RoC.: and in view of the circumstances elucidated above and the respondent will not be prejudiced and in the absence of any adverse,,,,

consequences being demonstrated by the statutory authorities to whom notices had been issued, the Appeal/Petition is allowed subject to the following",,,,

directions namely:,,,,

The Appellant/Appellant Company shall:,,,,

(a) Within a period of 15 days from the restoration of the Appellant Company's name in the register being maintained by the RoC, the appellant/",,,,

appellant will file inter alia its annual returns and balance sheets as well other compliances statutorily required to be made under the Companies Act,",,,,

2013 for the period from which there has been default with requisite charges/fees as well as additional fee/late charges.,,,,

(b) That the Appellant Company out of its funds, set apart a sum of Rs.2, 00,000/- and deposit the same with the Respondent/RoC which amount shall",,,,

be for the purposes of payment of all fees/charges as contemplated in clause (a) above as well as to defray the cost and expenses of Register of,,,,

Companies incurred in striking off, within a period of one month from the date of this order. In case of any amount payable in excess of the sum",,,,

specified towards defraying the cost incurred by the Respondent/ROC and towards other amounts as are required to be paid by the Company,,,,

statutorily, the same shall be remitted by the Company. Any excess amount left after appropriating for all the above shall be meticulously returned by",,,,

Respondent to the Appellant.,,,,

(c) Till all compliances are made by the Appellant Company, the Appellant Company shall not alienate or dispose of any of its valuable assets.",,,,

(d) It is further observed that by virtue of this order of restoration of the name of Appellant/ Appellant Company in the register it will not entitle the,,,,

Directors of the Company whose names in case have been disqualified by virtue of provisions of Section 164 of the Companies Act, 2013 by the",,,,

Respondent/ RoC automatically to be restored to directorship except in accordance with law.,,,,

(e) An affidavit of compliance of the aforesaid directions shall be filed by the Appellant within a period of 2 months from the date of this order.,,,,

(f) Further this order allowing the appeal shall also not circumscribe the power of the respondent to proceed against the Appellant Company and its,,,,

Directors as mandated for alleged late filing of any forms, documents, returns and such other compliance under the provisions of Companies Act,",,,,

2013.,,,,

The Appeal is disposed of accordingly.,,,,