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Judgment
Balraj Joshi, Member (Technical)
This Company Petition has been filed by one of its shareholders namely Mr. Krishna Pada Das u/s 252(3) of the Companies Act, 2013 for restoration of name of the struck off company in the register of companies, maintained in the office of the Registrar of Companies, Kolkata. It is stated that the name of the Company was struck off on 03/02/2022.
It is contended that the Company had not filed the Financial Statements and Annual Returns since incorporation, due to inadvertences and business complexities, and has produced copies of the said financial statements for the financial years 2017-18 to 2020-21 (Four Years). It is further contended that as per the latest Financial Statements, the Company has Cash and Cash Equivalents to the tune of Rs. 4,06,606/- (Rupees Four Lakhs Six Thousand Six Hundred and Six) and Other Current Liabilities to the tune of Rs. 36,00,000/- (Rupees Thirty-Six Lakhs Only). It is further contended that the Company is carrying on the business and is in operation and the same would appear from the Balance Sheet of the Company also Income Tax Returns were filed on a regular basis and it will be unfair to the Company if it is struck-off. Upon the said contentions, the Ld. Counsel for the Petitioner prayed for the passing of an order for restoration of the name of the appellant company.
A Notice was issued to the Registrar of Companies, Kolkata against which the Registrar of Companies, Kolkata had submitted a report. It was stated in the report that only after compliance with the requirements to be met under Section 248 of the Companies Act, 2013, the Registrar of Companies, Kolkata, has struck off the name of the company from the register.
The Registrar of Companies, Kolkata vide their report dated 15th July 2022 has not objected to the filed petition. On perusal of the petition, we are satisfied that the name of the company should be restored to the register. Therefore, this petition deserves sympathetic consideration. Accordingly, the present petition is allowed on the following terms: -
a) The Registrar of Companies, Kolkata the Respondent herein, is directed to restore the original status of the petitioner company as if the name of the Company had not been struck off from the register of companies with the resultant and consequential actions like changing status of petitioner company from ‘Struck Off’ to
‘Active’.
b) The Petitioner Company is directed to file all the pending statutory documents including Annual Accounts and Annual Returns along with prescribed fees/additional fee/fine as decided by Registrar of Companies, Kolkata within 45 days from the date on which its name is restored on the register of companies maintained by the Registrar of Companies, Kolkata.
c) The restoration of the Company’s name is also subject to the payment of cost of Rs. 40,000/- (Rupees Forty Thousand only) through online payment in www.mca.gov.in under Miscellaneous Fee by mentioning particulars as “Payment of cost for restoration of the company pursuant to orders of NCLT in C.P. No.
163/KB/2022”.
d) The petitioner is directed to deliver a certified copy of this order to the Registrar of Companies, Kolkata within thirty days of the receipt of this order.
e) On such delivery and after due compliance with the above directions, the Registrar of Companies, Kolkata is directed to publish the order in the Official Gazette under his official name and seal;
f) This order is confined to the violations, which ultimately led to the impugned action of striking off the name of the Company, and it will not come in the way of the Registrar of Companies, Kolkata to take appropriate actions in accordance with the law, for any other violations/offenses, if any, committed by the petitioner company prior to or during the period the name of the Company remained struck off.
The C.P. No. 163/KB/2022 is disposed of accordingly.
The Registry is directed to send e-mail copies of the order forthwith to all the parties inclusive of the Counsel.
Urgent certified copy of this order, if applied for be issued upon compliance with all requisite formalities.