ORDER

1. This Application/Petition has been filed on 22.03.2023 by Mr. Namit Laxman (hereinafter as Applicant), Director of M/s Osmic Glass Private Limited under Section 252(3) of the Companies Act, 2013, (hereinafter referred as the Act) praying for restoration of the Company’s name i.e. M/s Osmic Glass Private Limited in the Register of Companies maintained by Registrar of Companies, Uttar Pradesh (hereinafter referred as “ROC/Respondent”).

2. M/s Osmic Glass Private Limited (herein after ‘Applicant Company’) was incorporated on 05.03.2021 under the provisions of the Companies Act, 2013 bearing CIN: U26999UP2021OPC142919. The registered office of the company is located at 233/21, Nai Abadi near Telephone Exchange, Bheem Nagar, Firozabad, UP-283203.

3. The Authorized Share Capital of the Applicant Company is Rs.1,00,000/- and Paid up Share Capital is Rs. 1,00,000 subscribed by the sole applicant Director. The Company is One Person Company managed by the sole applicant Director namely, Mr. Namit Lakshman having DIN 08513296.

4. The Applicant Company is engaged in the business of manufacturing, trading, designing, importing, exporting in glass and glass related products including sheets, plate glass, glass wool and other glass related products. The company is also carrying on the business of buying, selling, designing, converting, supplying, packing, moving, distributing, consigning, or otherwise dealing in all kind of glass, leveled and unleveled silvered sheet, curved or flat laminated and safety glass, toughened glass, fiber glass, welding glass, silver glass, colored glass, float and plate glass, lead glass, gold mirror, decorative glass, ice flowered glass, glass doors and fittings. The company is also engaged in the business of glass manufacturer, glass beveler, silverer, embosser, engraver, led worker and show case, manufacturer, and of a producer of mirrors, containers and other articles made of or incorporating glass in sheet or fabricated form.

5. It is stated in the Application that the Applicant Company failed to fulfill statutory requirement of filling Form INC-20A as per Section 10A of the Companies Act, 2013 within 180 days from the date of incorporation.

6. As a consequence of this, the ROC/Respondent initiated action against the Applicant Company as per Section 248 of the Companies Act,2013 by striking off the name of the Applicant Company and an order in STK-7 dated 07.12.2022 was passed by the ROC/Respondent. Copy of the order dated 07.12.2022 is annexed as Annexure A-4 with the application.

7. The name of the Applicant Company was struck off from the Register of Companies, maintained with ROC, U.P., Kanpur. It is also stated by the Applicant that before striking off the name of the company, no show cause notice in STK-5 was given to the directors indicating their intention to remove the name of the Applicant Company from the Register of the Company.

8. In addition to the above stated arguments and facts, the Applicant has made following averments in the Application stated herein under:-

(xviii) That inadvertently the company could not file its statutory documentation/declaration with the Registrar of Companies, U.P as the Company was incorporated during COVID times and the mandatory compliances as per Section 10A of the Act could not be complied with in time bound manner. However, all the documents as mandated in law are ready for filing with the ministry of corporate affairs and the company is willing to comply with all the provisions of the Companies Act. The appellant company was never updated by means of any notice before striking off the name of the Company as provided in the Companies Act, 2013.

(xix) That prior to the striking of the name of the company from the registrar of companies the applicant had no knowledge of services of notice as prescribed u/s 248 of the Companies Act, 2013 or was ever served to the company at its registered address.

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(xxi) That it is to state that the company is carrying out its bus