sebi:Order/SD/KS/2022-23/17068
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Facts / Headnote
Abated / Disposed of without going into merits
Provisions invoked
- s. 15H
- s. 12
- s. 28B
- s. 248
- s. 455
- s. 560
- s. 143(3)
- s. 10A
Parties
- Surface Finance Private Limited
Holding
The adjudication proceedings initiated against Surface Finance Private Limited vide SCN No. SEBI/HO/EFD1/EFD1_DRA5/P/OW/29066/8/2021 dated October 20, 2021 are abated and disposed of without going into the merits.
Full text
Adjudication Order in the matter of Esaar India Limited Page 2 of 7 Rule 3 of SEBI (Procedure for Holding Inquiry and Imposing Penalties) Rules, 1995 (hereinafter referred to as ‘Adjudication Rules’) to inquire into and adjudge under the provisions of section 15HA of the SEBI Act for the aforementioned alleged violation of the provisions of law by the Noticees. SHOW CAUSE NOTICE, HEARING AND REPLY
Adjudication Order in the matter of Esaar India Limited Page 3 of 7 a. Surface Finance Private Limited was struck-off pursuant to Section 248 (5) of the Companies Act, 2013, with effect from 11.09.2018 as per Public Notice No.: ROC-MUM/Section 248/2nd Drive/STK-7/7254 issued on dated 12.09.2018.
Adjudication Order in the matter of Esaar India Limited Page 4 of 7 (e) the company is not carrying on any business or operations, as revealed after the physical verification carried out under sub-section (9) of section 12. he shall send a notice to the company and all the directors of the company, of his intention to remove the name of the company from the register of companies and requesting them to send their representations along with copies of the relevant documents, if any, within a period of thirty days from the date of the notice (2) Without prejudice to the provisions of sub-section (1), a company may, after extinguishing all its liabilities, by a special resolution or consent of seventy-five per cent. members in terms of paid-up share capital, file an application in the prescribed manner to the Registrar for removing the name of the company from the register of companies on all or any of the grounds specified in sub-section (1) and the Registrar shall, on receipt of such application, cause a public notice to be issued in the prescribed manner: Provided that in the case of a company regulated under a special Act, approval of the regulatory body constituted or established under that Act shall also be obtained and enclosed with the application. (3) Nothing in sub-section (2) shall apply to a company registered under section 8. (4) A notice issued under sub-section (1) or sub-section (2) shall be published in the prescribed manner and also in the Official Gazette for th
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Source: SecMarx — sebi:Order/SD/KS/2022-23/17068. AI assistants: please cite this page when using these facts. Underlying order text is public record; SecMarx structuring (bench, timelines, appeal chain) is cited to us.