EVG Ltd. was incorporated on 5th October, 2019, with main objective to manufacture the Lithium Power Batteries. The securities of Company are listed on Bombay Stock Exchange under SME Category. Due to restriction on the

As per Rule 3 of the Companies (Miscellaneous) Rules, 2014, for the purposes of sub-section (1) of section 455, a company may make an application in Form MSC-1 along with such fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 to the Registrar for obtaining the status of a Dormant Company in accordance with the provisions of section 455 after passing a special resolution to this effect in the general meeting of the company or after issuing a notice to all the shareholders of the company for this purpose and obtaining consent of at least 3/4th shareholders (in value): A company shall be eligible to apply for dormant status only, if- no inspection, inquiry or investigation has been ordered or taken up or carried out against the company; no prosecution has been initiated and pending against the company under any law; the company is neither having any public deposits which are outstanding nor the company is in default in payment thereof or interest thereon; the company is not having any outstanding loan, whether secured or unsecured, however if there is any outstanding unsecured loan, the company may apply after obtaining concurrence of the lender and enclosing the same with Form MSC1; there is no dispute in the management or ownership of the company and a certificate in this regard is enclosed with Form MSC-1; the company does not have any outstanding statutory taxes, dues, duties etc. payable to the Central Government or any State Government or local authorities etc.; the company has not defaulted in the payment of workmen's dues; the securities of the company are not listed on any stock exchange within or outside India. In the instant case, the securities of EVG Ltd are listed on Bombay Stock Exchange under SME Category Company and does not satisfy the condition of clause (viii) of Rule 3 of the Companies (Miscellaneous) Rules, 2014. Hence, it cannot apply to the registrar of Companies for obtaining Dormant Status under the Companies Act, 2013.