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Anil (Director)     07 May 2012

Restoration of struck off company

 

I own a closely held company, with my wife as a second director. My wife passed away in 2008. We have filed regular income tax returns but slipped in filing ROC retruns for 3 years, We are based in Mumbai but the regd office for this company is in Kolkatta. The notices were sent there, and the ROC struck off the name. The ROC when approached also sent a letter saying that by filing penalty and the relevant documents they can restore the company.

 

The company owns office property and gets rental income every month.

 

Post this we filed a case for restoration. However the Magistrate of a single bench court was of the opinion that there are no transactions hapenning so there was no reason to restore the company.

 

What are the chances of getting a positive judgement from another court ?



Learning

 2 Replies

Rajesh Hazra (Mediator and Legal Counsel )     08 May 2012

Are u still having this Company in your name at Mumbai ? Please be in detail.

S Jadhav 98336 98330 (Jadhav & Associates)     23 May 2012

You can get the company restored but you will also have to answer the query about transactions in the name of the company.

Is it only a shell company created for holding some immovable property or was it meant to carry out genuine business. If it was carrying out genuine business then it would not have come to this stage.

Hence, it can be discussed between the ROC and yourself and it is possible to restore the company.

S Jadhav


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