(Under Section 252(3) of the Companies Act, 2013)

In the matter of TRIVANDRUM CABLE NETWORK PRIVATE LIMITED MEMO OF PARTIES:

RUFUS ANTONY JOSEPH

2^nd Floor, Cherian Square, Pulimood, Trivandrum 695001 … Appellant -Vs REGISTRAR OF COMPANIES, KERALA & LAKSHADWEEP, Company Law Bhawan, BMC Road, Thrikakara, Kochi – 682 021.

… Respondent Order delivered on: 01.12.2023 Coram:

Hon’ble Member (Judicial) : Shri. Khetrabasi Biswal Hon’ble Member (Technical) : Shri. Shyam Babu Gautam Appearances:

For the Appellant : Mr. Thoufeek Ahamed, Advocate For the Respondent : Ms. Bindu Vergis, AROC

O R D E R

Per Shyam Babu Gautam, Member (T)

1. This Company Appeal has been filed by one of the shareholders of Trivandrum Cable Network Private Limited (CIN: U92132KL2003PTC016273)(hereinafter ), Mr. Rufus Antony Joseph under Section 252(3) of the Companies Act, 2013 for ‘Company’

restoration of name of the Struck Off Company in the Register of Companies, maintained in the office of the Registrar of Companies, Kerala. It is stated that the name of the Company was struck off vide STK-7 Notice on 17^th September, 2018.

2. The averments made by the Appellant are summarized as under:

i. The Company was incorporated on 04.07.2003 with CIN:

U92132KL2003PTC016273 having registered office at 25/26968, II Floor, Cherians Square, Ambujavilasam Road, Thiruvananthapuram, 695001. The company has been incorporated to carry on the business of cable TV operations by receiving signals from satellites and distributing the same to customers or local area operators. The Paid-up share capital of the company is Rs. 100,000/- divided into 100 equity shares of Rs.1000/- each.

ii. The name of the company was struck off by the Respondent on the ground that the company has not filed Annual Financial statements including Balance Sheet and Annual return from the Financial year 01.04.2014 onwards with the ROC. The Appellant states that company had been subject to search and seizure proceedings from Income Tax Authorities and prohibitory orders were passed under section 132 of Income Tax Act with regard to bank accounts and lockers. Thereafter Annexure A6 notice under section 221 of Income Tax Act was issued to pay pending Income Tax arrears to lift proceedings. It is stated that company is holding 59332 No. of equity share capital in Kerala Communications Cable Ltd valuing upto Rs.2,96,66,000/- and the same needs to be sold by the company in order to meet the income tax demand and other statutory dues. It is further stated that the company is still functioning but it had failed to file the Annual Financial Statements and Annual Returns nevertheless it has produced the unaudited Financial Statements from the FY 2015-16 till FY 2021-22. Appellant state that no notice had been served to directors or the company before strike off action of ROC.

iii. Appellant undertake that he shall file all outstanding statutory documents once the company is revived and further state that the company as well as its creditors shall suffer irreparable damage otherwise. Appellant state that the non-filing of Annual Financial Statements statutory filings under the Companies Act, 2013 is not deliberate.

iv. The company falls under the jurisdiction of ROC, Kerala. The appeal has been filed within the period of limitation as per section 252(3) of the companies Act, 2013.

3. The ROC, Kerala filed its observation before this Tribunal on

09.10.2023, wherein the ROC stated that the name of the company was struck off due to non-compliance with section 137 and 92 Companies Act, 2013 whereby the company shall file its statutory Annual Financial Statements and Annual return with the ROC within 31^st October and 30^th November of the succeeding financial year respectively. It is stated that as per MCA communication dated 16.04.2018, the ROC is empowered to Strike off company for default in filing Financial Statements or Annual returns for immediately 2 preceding financial years, and not filed application in which view the Company has def