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2024 Supreme(Online)(NCLT) 131

1 of 8 IN THE NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH – I, CHENNAI Under Section 252(3)of the Companies Act, 2013 read with Rule 11 &87 of NCLT Rules, 2016 In the matter of SLTT India Private Limited Mr.SURESH, SHAREHOLDER/DIRECTOR OF SLTT INDIA PRIVATE LIMITED CIN: U63030TN2021PTC140806 Residing at No.40, Buddar Colony 3rd Street, Karambakkam, Porur, Tiruvalluvar District, Chennai – 600 116 … Applicant -Vs- REGISTRAR OF COMPANIES, CHENNAI 1st Floor, Shastri Bhavan, 26, Haddows Road, Chennai – 600 006 … Respondent Order pronounced on 19th February, 2024 Present: For Applicant : Savitha G, Advocate For Respondent:Avinash Krishnan Ravi, Advocate CORAM SANJIV JAIN, MEMBER (JUDICIAL) VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL)

Advocates:
For the Petitioner:SAVITHA G

ORDER

(Hearing Conducted through VC) This Application has been filed by Mr.Suresh in the capacity as a Director/Shareholder of the Company namely, SLTT India Private 2 of 8 Limited under Section 252(3) of the Companies Act, 2013 aggrieved against the order of strike off carried out by the Respondent namely, the Registrar of Companies, Chennai under Section 248 of the Companies Act, 2013, seeking thereof to restore the name of the Company in the Register maintained by the Respondent/RoC.

2. The brief facts of the matter are tabulated below:-

    S. NO. PARTICULARS FACT a) Name of Company SLTT India Private Limited b) CIN No.
    U63030TN2021PTC140806 c) Date of Incorporation 18.01.2021 d) Registered Office Address No. 4/8, Buddar Colony 3rd Street, Karambakkam, Porur, Tiruvalluvar District e) Date of STK-7 26.10.2022 f) Reason of Strike Off Non filing of INC-20A as per Section 10A(1) of Companies Act, 2013

3. The main object of the Company is to encourage and provide the business as package tour operators, daily passenger service operators, tour operators, daily passenger service operators, tour operators, travel agents, shop booking agents, railway ticket booking agents, airlines ticket booking agents, carrier service agents, courier service agents and other such related business activity of the company. The details of the main object are set out in the Memorandum of Association which has been filed along with the typed set of documents.

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4. It is stated that Company was carrying on the business of operation right from the beginning and the Company has promptly paid its Income Tax and filed IT returns for the year 2021-2022. The Copies have been filed along with the typeset documents of Application in Annexure-2.

5. The reason for non-filing of returns is that due to the 2nd wave of COVID-19 pandemic that emerged in 2021 and the widespread lockdowns and restrictions imposed throughout the country, the Company was not able to actively hire employees, engage professionals and entrust all the statutory compliances required to be done by the Company. Further it is averred that, the Company has not filed its statutory returns including form INC-20A, the financials and all other required returns right from its incorporation due to lack of co- ordination with professional on the outbreak of Covid-19 pandemic.

6. It is stated that, inspite of the challenges faced by travel and tourism industry after Covid-19 pandemic, the Company is actively engaged in its business activity and has managed to get Rs.45,914/- as revenue from operations. The copy of the Audited Financial Statements 4 of 8 of the Company for the year ending 31.03.2022 has been filed as Annexure-4 with the typeset documents of the Application.

7. It is stated that, the Company has been conducting business since its inception and the same could be understood from the bank statements of the Company which has been filed as Annexure 5 to this Application.

8. It is stated that, the failure to file Form INC-20A and balance sheets from the financial years ending 31.03.2022 is neither wilful nor wanton but was only on the account of Covid-19 pandemic and the Company’s inability to engage the professionals.

9. It is stated that due to the Company being struck off, the business being conducted is completely distressed and the reputation of the company is completely affected. It is further averred that, the Company is carrying on the business of providing service to the General Public and it will be a great opportunity if its name is revived from the status of being struck off under the records of Respondent.

5 of 8 10. Upon notice, the Respondent/RoC has filed the Report. It is stated that, the company has not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within hundred and eighty days of its incorporation under sub-section



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