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2024 Supreme(Online)(NCLT) 2544

NATIONAL COMPANY LAW TRIBUNAL
Registrar of Companies – Appellant
Versus
VENKATESWARA RAO AVASARALA – Respondent
CP - 11/2024



Advocates:
For the Petitioner:T Bharath Ratna

S.No.5

IN THE NATIONAL COMPANY LAW TRIBUNAL

HYDERABAD BENCH 1

VC AND PHYSCIAL (HYBRID) MODE

ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON

06-06-2024 AT 10:30 AM

Company Appeal No. 11/252/HDB/2024

u/s. 252 of Companies Act, 2013

IN THE MATTER OF:

Mr. S V Chak, Assistant Registrar of the Companies on behalf of the R O C, For The State of Telangana in the matter of M/s. Conwex Ltd (Stucked off) Vs

M/s. Conwex Ltd & 06 Other RespondentsPetitioner

C O R A M:-

DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL)

SH. CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)

O R D E R

Orders pronounced. In the result, the company is ordered to be restored as per

the terms and conditions mentioned therein.

Sd/- Sd/-

MEMBER (T) MEMBER (J)

Swapna

NATIONAL COMPANY LAW TRIBUNAL HYDERABAD BENCH-I UNDER SECTION 252(1) OF THE COMPANIES ACT, 2013 IN THE MATTER OF M/s CONWEX LIMITED (CIN: U72200TG2007PLC052409)

Filed by REGISTRAR OF COMPANIES, TELANGANA

2ND FLOOR, CORPORATE BHAVAN, NEAR CENTRAL WATER BOARD, GSI POST, BANDLAGUDA, NAGOLE, HYDERABAD - 500068, TELANGANA …. Applicant VERSUS M/S CONWEX LIMITED Flat No.401, Laxmi Residency, Nagarjuna Nagar Colony, Kushaiguda, Hyderabad, Telangana, 500062, India. …… Respondent no. 1 VENKATESWARA RAO AVASARALA

1-6-43/16, Plot No. 16, Anupuram, Ecil Hyderabad, 500062, Telangana, India … Respondent no. 2 KOTA BHASKAR C-9/2, Sainikpuri, Secunderabad, 500094, Andhra Pradesh, India …… Respondent no. 3 KOTA ANANTHA PADMANABHAM C-9/2, Sainikpuri, Secunderabad, 500094, Andhra Pradesh, India …… Respondent no. 4 KOTA LAKSHMI E-61, Sainakpuri, Secunderabad, 500094, Andhra Pradesh, India …… Respondent no. 5 CHODAGAM BABU SURENDER

9-10-3/125&126, Vijayadurga Nagar colony, RCI Road, Balapur, Saroornagar, Rangareddy, 500005, Telangana, India …… Respondent no. 6 Date of order: 06.06.2024 Coram:

Dr. N. Venkata Ramakrishna Badarinath, Member (Judicial)

Shri Charan Singh, Member (Technical)

Appearance:

For Applicant: Shri T. Bharath Ratna, Company Prosecutor PER: BENCH

ORDER

1. The present Application is filed under Section 252 (1) of the Companies Act, 2013 (herein after referred as Act) by the Registrar of Companies, Telangana, Hyderabad seeking restoration of name of M/s. Conwex Limited in the register of companies.

2. Submissions by the Applicant:

2.1 It is submitted that the M/s. Conwex Limited is a company falling under the jurisdiction of Registrar of Companies, Telangana, Hyderabad which was incorporated on 19.01.2007 with CIN: U72200TG2007PLC052409 and the last date of AGM conducted was 29.09.2012. The last available balance sheet is for the financial year ending 31.03.2012. Since the said Company had failed to file its Annual Statutory Filings with the ROC for two immediately preceding financial years, the company was identified as a defaulting company and the ROC truck off the Company under Section 248 of the Companies Act, 2013 vide notice No. ROC (H)/248(5)/STK-

7/Drive III/1347/2019 dated 29.10.2019

2.2 It is averred that, inadvertently due to oversight that the company, though was under the process of Inquiry could not be removed from the list of striking process and thereby got dissolved on 29.10.2019 finally.

2.3 It is stated that the Ministry of Corporate Affairs vide its letter No. F. No.

07/20/2019/CL-II(SER) dated 12.02.2019 had ordered an Inquiry of M/s. Conwex Limited under Section 206(4) of the Companies Act, 2013 on the basis of the reference received from CEIB, Department of Revenue, Ministry of Finance, addressing it to the Regional Director (South East Region), Hyderabad with a copy to ROC, Hyderabad. The said Ministry’s letter was in reference to a forwarded information in relation to the offences committed by the M/s. Servomax India Private Limited and its directors/promoters for committing bank fraud on State Bank of India to the tune of Rs. 292.33 crores. M/s. Conwex Limited is one such group company falling under Servomax Group.

2.4 The Applicant has provided the list of dates and events required for enabling this

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