Dream Makers Global Pvt. Ltd v. Roc

Counsels for both the parties are present. Counsel for the RoC has filed the report and submitted that the Applicant Company was incorporated during 2013, and since incorporation the Annual Return and Balance Sheet were not filed. Due to which, the name of the Applicant Company was struck off from the Register of Companies under Section 248(5) of the Companies Act, 2013 on 28.08.2018.

Heard both the sides and perused the Application and record placed on file. It has been submitted that the Applicant Company has paid the income tax for the AYs 2017-2018 and 2018-2019, which is evidencing that the Applicant Company is a going concern. Therefore, the Application is allowed. The RoC concerned is directed to restore the name of the Applicant Company to the Register of Companies. The Applicant Company is directed to file all the pending Balance Sheets and Annual Returns with the RoC concerned, as prescribed.

Fine of Rs. 20,000/- is imposed on the Applicant Company, which shall be reimbursed to the office of the RoC concerned as per the procedure prescribed for incurring the expenses for restoration of the name of the Applicant Company. The Applicant Company is directed to file an Affidavit before the RoC concerned to the effect that no tainted money has been deposited in the accounts of the Applicant Company during the period of demonetization.

Accordingly, the Application stands disposed of.