Draft Reply of Notice Under Section 248(1) of Companies Act 2013
To
The Registrar of Companies
NCLT of Kolkata
Address:
SUBJECT: IN THE MATTER OF M/S (NAME OF COMPANY) AND IN THE MATTER UNDER F THE COMPANIES ACT, 2013.
Reference: Your Letter No. ROC-DEL/248(1)/STK-1/Dated,./../2017
Respected Sir,
This is with reference to subject cited above a notice has been served to M/s (NAME OF COMPANY) (CIN: ..........................) and also to Company’s Directors by your good office, intending to remove the name of Company from the register of Companies, pursuant to sub-section (1) and (2) of section 248 of the Companies Act, 2013 and requiring to send representation along with copies of the relevant documents, if any, within 30 days from the date of receipt of aforesaid notice.
We would like to inform you that M/s (NAME OF COMPANY) has not carried any business activity since (Incorporation or dated...../..../.......) and remained ideal and not capable to continue with the business any more. Therefore we have not able to comply with the mandatory compliances of the Act.
Further we would like to submit that due to non-operational of business and financial crunch, the Board of Directors of M/s (NAME OF COMPANY) have decided to file the application in respect of striking off the Company as per the provisions of sub section (2) of Section 248 of the Companies act, 2013 as per Fast Track Exit Scheme prescribed by Ministry of Corporate Affairs, we are in process to file the necessary forms along with requisite documents as early as possible.
Further we would like to request you to consider the facts stated supra before initiating any legal action, if any, proposed to be taken against the Company and its Directors.
Further, we do hereby undertake and indemnify in writing:
a. To pay and settle all lawful claims arising in future after the striking off the name of the Company.
b. To indemnify any person for any losses that may arise pursuant to striking off the name of the Company.
This representation should also be treated from all the directors of the Company.
Thanking You,
Yours Faithfully,
For M/s (NAME OF COMPANY)
Add: Name of Director Name of Director
DIN:
Add: