Critical Analysis - Strike off Companies

[Divesh Goyal]

Dear Professionals,

Please find attached file for critical analysis of Strike off Companies.

You can get daily updates on whatsapp on 8130757966

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Best regards,

​​

CS Divesh Goyal

Practicing Company Secretary

GOYAL DIVESH & ASSOCIATES

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| csdive...@gmail.com | Blog- Corporate Articles |

______________________________________________________________
H-17/ 265, 2nd Floor, Sector - 7, Rohini, New Delhi - 110085  

______________________________________________________________

[Shweta Naik]

Can we do additional prayer in the petition to NCLT to Remove Disqualification of Director?

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Regards

Shweta Naik

Company Secretary

+91 9422521748

[CS Thirupal Gorige]

No , We can't. NCLT is not authorised under any provisions of the Act to remove the disqualification.

Thanks & Regards,

CS Thirupal Gorige

Practising Company Secretary and Insolvency Professional

No. 87, 2nd Floor,21st Cross,
7th Main, N S. Palya, BTM 2nd Stage,
Bangalore-560076, India
LL +91 80  40971818 / 6532 2360/ HP: 9448384064

No.IBBI/IPA-002/IP-N00016/2016-17/10030

On 2 March 2018 at 08:08, Shweta Naik <csshwe...@gmail.com> wrote:

Can we do additional prayer in the petition to NCLT to Remove Disqualification of Director?

On Monday, February 26, 2018, Divesh Goyal <csdive...@gmail.com> wrote:

Dear Professionals,

Please find attached file for critical analysis of Strike off Companies.

You can get daily updates on whatsapp on 8130757966

-----------------
Best regards,

​​

CS Divesh Goyal

Practicing Company Secretary

GOYAL DIVESH & ASSOCIATES

| Prop. | + 91-8130757966, 8130657778

| csdive...@gmail.com | Blog- Corporate Articles |

______________________________________________________________
H-17/ 265, 2nd Floor, Sector - 7, Rohini, New Delhi - 110085  

______________________________________________________________

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[Vivek Hegde]

Dear Sir,

Can NCLT take a call based on the powers given under Section 252(3)? I have highlighted the relevant portion.

(3 )If a company, or any member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies.

PS: My e-mail address has been changed. Please use vi...@vivekhegde.in for future correspondence. 

Warm Regards

CS Vivek Hegde, FCS, CMA

*******************************

Vivek Hegde & Co.

Company Secretaries
Off: No.86, 1st Floor, 2nd Main, Samvruddhi Enclave

Kumaraswamy Layout 2nd Stage , Bangalore-560061

Mob: +91 9900898223; Off: +9180 26663577

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[Omkar Deosthale]

IN mY view, SUb-section (3) of section 252 is not a remedy available when the action of RoC is under Section 248(1). 252(3) is available only when action is under section 248(2) due to the wording that "Company having its name struck off...." used in section 252(3)...

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Thanks and regards
CS Omkar Deosthale
Company Secretary in Practice
09767979858
Pune

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[Vivek Hegde]

No. NCLT is reviving all the Companies struck off under Section 248(1) having operations. Your interpretation may not be correct. 

Warm Regards

CS Vivek Hegde, FCS, CMA

Vivek Hegde & Co.

Company Secretaries

Off: No.86, 1st Floor, 2nd Main, Samvruddhi Enclave, Kumaraswamy Layout 2nd Stage , Bangalore-560061

Mob: +91 9900898223; Off: +9180 26663577

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Regards

Shweta Naik

Company Secretary

+91 9422521748

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[Omkar Deosthale]

That is under section 252(1) where having operation or business is area covered. It says the reasons based on which the strike off happened , those reasons does not exists. If you see the reason based on which strike off happened are not carrying on business or operation... 

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Sent from Mobile

[Divesh Goyal]

[Bhanu Sharma]

Dear All,

I have an issue that directors of our company has been disqualified due to other company, which is now has been strike off by the registrar. In our company both the directors are now disqualified, what remedy we can exercise for removing disqualification of director as the directors did not want to revive the strike off company.

Thanks in advance.

Regards,

CS Bhanu Sharma

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Regards

Shweta Naik

Company Secretary

+91 9422521748

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Thanks and regards
CS Omkar Deosthale
Company Secretary in Practice
09767979858
Pune

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[Aditya Patel]

Dear Sir,

As such no remedies will be available for the aforesaid matter.

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Sent from Mobile

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Thanks and Regards,
Aditya Patel | Company Secretary | M. No. +91 73834 44840

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[neha soni]

Dear Si/Mam,

Please tell me can a company file the form STK-2 for strike off if it was issued a notice regarding non-filing.

[Divesh Goyal]

need to complete annual filing before apply f0r strike off

-----------------
Best regards,

CS Divesh Goyal

Practicing Company Secretary

GOYAL DIVESH & ASSOCIATES

| Prop. | + 91-8130757966, 8130657778

| csdive...@gmail.com | Blog- Corporate Articles |

______________________________________________________________
H-17/ 265, 2nd Floor, Sector - 7, Rohini, New Delhi - 110085  

______________________________________________________________

[Shivani]

Hi,

Can anyone tell me ? Is there any notification regarding when the penalty of INR 100 per day for delay in Annual Filing (Amendment of Section 403) will be applicable.

Thanks & Regards,

Shivani Ahuja
Mob: +91-9717434816, 9599108549

[Ankit Saroha]

​Amendment of Section 403 is not notified yet.​

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CS​ Ravi Garg
​#​CS Knowledge Platform-A whats App, FB and Google Group
 
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With Warm Regards,

CS Ankit Saroha

[Vivek Hegde]

Dear Shivani,

No. Not notified. 

PS: My e-mail address has been changed. Please use vi...@vivekhegde.in for future correspondence. 

Warm Regards

CS Vivek Hegde, FCS, CMA

*******************************

Vivek Hegde & Co.

Company Secretaries
Off: No.86, 1st Floor, 2nd Main, Samvruddhi Enclave

Kumaraswamy Layout 2nd Stage , Bangalore-560061

Mob: +91 9900898223; Off: +9180 26663577

*******************************

On Sat, Mar 10, 2018 at 12:11 PM, Shivani <shivani...@gmail.com> wrote:

[CS Devendra Deshpande]

It would in normal scenario would be made applicable after the closure of CODS 

Devendra 

                                                                                                                                                          

[Yashaswini Naveen]

Dear Professionals,

Status of one of the Company is Active. However, the directors are dis-qualified for non filing of Financial Statements and Annual Returns.

The Company is not carry on any business since 3 years. 

On the MCA portal there is a Form called DIR-10, can we make an application in this Form to remove dis-qualification of directors without filing pending returns as the Company is not carrying on any business and then file Form STK-2 for removal of the name of the Company. If yes, whether Form DIR-10 has to be filed physically with the RoC or is it an attachment to any e-Form?

or Form DIR-10 has to be filed after completion of 5 years of dis-qualification period notified by the RoC.

Kindly clarify.

Thanks & Regards,
Yashaswini Naveen
Mob: +91 8431216835 

 

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[CS Ravi Raghavan Kotla]

Dear All,

I have a peculiar situation were a person floated three companies out of which 2 are not under operation. All the three companies got struck off due to non filing of returns. I have reviewed one company which is in operation but the fact remains the same. The director is still disqualified since the other two companies are struck off. He did not maintained any bank account of the rest of the two companies. I have to remove his disqualification.

In the given situation can we file a writ petition asking us to allow us to file the returns under CODS and review the two companies. I find only this way, any other thoughts are much appreciable.

Thanks,  

​

Best Regards,
Ravi Raghavan Kotla
Company Secretary|LLB, B.com|
RRK & Associates| Hyderabad|Call: 9000400427|

On Mon, Mar 12, 2018 at 12:16 PM, SUDHIER KUMAR GUPTHA <mail2p...@gmail.com> wrote:

Dir 10 is to be filed  after suffering the disqualification.

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[Deepti Grover]

Dear Concern

Yes..yiu can file  writ petition in such case.

Thanks & Regards

M/s Deepti & Assosiates

Deepti Grover Khanna

FCS, LL.B. B. Com(H)

9953640992

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[amarnadh baratam]

dear ravi sir,

NON active companies file the forms for strikeoff and under CODS scheme get the directors active for the purpose of filing the returns of the active 

anything let me know

For BAN Consultants/ NADH ASSOCIATES/BAN CONSULTING INDIA PVT LTD/VASTHANGAM & CO./ARUNACHALAM & CO.

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AMARNADH BARATAM
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On Tue, Mar 13, 2018 at 7:13 AM, CS Ravi Raghavan Kotla <iamc...@gmail.com> wrote: