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Rohini Holistic Health Centre Pvt. Ltd. ? v. Roc Chennai ?

Rohini Holistic Health Centre Pvt. Ltd. ? v. Roc Chennai ?

(National Company Law Tribunal)

Petition Number CP/66/2018? | 16-03-2018

Representative for the Petitioner present. Counsel for the RoC present. As seen from the order dated 13.02.2018, the Counsel for the RoC prayed for time to file Counter, and on 28.02.2018 the last and final opportunity was granted to the RoC for filing the Counter, failing which the matter was listed for passing appropriate order.

The RoC has not filed the objection in-spite of the fair opportunity provided, the right of filing the objection/counter stands forfeited.

Heard the representative for the Petitioner and perused the record placed on file. The Petitioner has submitted the acknowledgements pertaining to the Income Tax Returns filed for the year 20142015, 20152016, 20162017 and 20172018, which reflect that the Company has been paying the Income Tax regularly and is a going concern. The Application isadmittedwith a direction to the concerned RoC to restore the name of the Company to the Register of Companies. The Petitioner is directed to file the pending Annual Returns and Balance Sheets, within the period of time as may be provided by the RoC.

A fine of Rs. 10,000/- is imposed on the Petitioner Company, which shall be reimbursed to the office of the RoC as per the procedure prescribed, for incurring the expenses for restoration of the name of the Company. The Petitioner is 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 standsdisposed of.

Advocate List
Bench
  • Ch. Mohd. Sharief Tariq, Member (Judicial))
Eq Citations
  • LQ/NCLT/2018/6746
Head Note

Companies Act, 1956 - S. 581 - Non-filing of Annual Returns and Balance Sheets - Petitioner Company directed to file the pending Annual Returns and Balance Sheets, within the period of time as may be provided by the RoC — Petitioner Company submitted acknowledgements pertaining to the Income Tax Returns filed for the year 2014?2015, 2015?2016, 2016?2017 and 2017?2018, which reflect that the Company has been paying the Income Tax regularly and is a going concern — Application admitted with a direction to the concerned RoC to restore the name of the Company to the Register of Companies — Petitioner 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 — Petitioner directed to file the pending Annual Returns and Balance Sheets, within the period of time as may be provided by the RoC — A fine of Rs. 10,000/- imposed on the Petitioner Company, which shall be reimbursed to the office of the RoC as per the procedure prescribed, for incurring the expenses for restoration of the name of the Company — Penal Code, 1860, S. 420