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Judgment
The Court is convened through Video Conference.
Mr. Yogesh Chaudhary, Ld. Counsel for the Petitioner Company present. Ms. Yogini D. Chauhan, Deputy Registrar, Office of Registrar of
Companies, Mumbai, Maharashtra.
This Company Petition is filed by Rajendra Prakash Agrawal, Director, on behalf of Ashwani Infrastructures Private Limited CIN:--
U45202MH2005PTC156203, under section 252 (1) of the Companies Act, 2013 praying for restoration of the name of the Company to the Register of
Companies maintained by the Registrar of Companies, Mumbai.
The Petitioner submits that the company was incorporated on 21.09.2005 under the Companies Act, 1956 as a private company limited by shares
with the Registrar of Companies, Maharashtra, Mumbai.
The grievance of the Petitioner Company is that the Respondent Registrar of Companies, Maharashtra, Mumbai struck off the name of the
Petitioner Company from the Register of Companies maintained by them by issuing notice in Form STK-1, STK-5 and STK-7 under section 248(4)(1)
for removal of the name of the Company from the Register of Companies under section 248(1) of the Companies Act, 2013 and rule 3 of the
Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 due to defaults in statutory compliances, namely, failure
to file Financial Statements and Annual Returns and failure to do business for two years.
The Petitioner Company submits that the Company has been functioning since its incorporation. The Petitioner Company further submits that the
Company has failed to file its Financial Statements and Annual Returns for Financial Year 2015-16 to 2019-20 which is for a period of 5 years, due to
inadvertence.
The Petitioner Company has enclosed the Audited Accounts for the Financial Years 2015-2016 to 2019-2020. The Petitioner Company has also
enclosed copies of the Acknowledgement of Income-Tax Returns filed with the Income-Tax Authorities for the Year 2012-13 to 2019-20.
The Respondent has filed his report and reiterates that the name of the Company was struck off, as the company was not carrying on any business
or operation for a period of immediately preceding two years.
On hearing the submissions of the Learned Authorised Representative appearing on behalf of Petitioner and on perusal of the Report of Registrar
of Companies, Maharashtra, Mumbai, the Audited Accounts submitted by the Petitioner Company and other documents placed on record, the Bench
observes that it would be just, equitable and in the interest of justice to provide an opportunity to the company to rectify its defaults and continue the
business.
Given the above facts and circumstances, we are satisfied that the prayer sought by the Petitioner company deserves to be allowed.
Accordingly, Company Petition bearing 1167(MB)/2020 filed by the Petitioner, Ashwami Infrastructures Private Limited, represented by its
Applicant Rajendra Prakash Agrawal, Director, under section 252 of the Companies Act, 2013, seeking restoration of the Company’s name in the
Register of Companies maintained by the Registrar of Companies, Maharashtra, Mumbai is allowed on the following terms: -
The Respondent Registrar of Companies, Maharashtra, Mumbai, is directed to restore the name of the Petitioner Company,viz.,Ashwami
Infrastructures Private Limited, to the Register of Companies subject to payment of a sum of Rs. 50,000/-(Rupees Fifty Thousand only) as cost ‘to
be paid online through Bharat Kosh in favour of “Pay and Accounts Officer, Ministry of Corporate Affairs, Mumbaiâ€â€™ within thirty days from
the date of receipt of a copy of this Order; and
Upon such restoration, the Petitioner Company shall file all its pending financial statements and Annual Returns with all the applicable fees and
late fees with the Respondent Registrar of Companies within thirty days from the date on which the name of the Company is restored to the Register;
failing which, this order will stand vacated automatically.
Upon restoration of the name of the Petitioner Company to the Register of Companies after complying with the terms mentioned above, the
Registrar of Companies, Maharashtra, Mumbai, shall issue appropriate communications to the bank authorities for defreezing the accounts of the
Petitioner Company.