Mr. Krishana Charan Mohanty vs Registrar Of Companies

Satya Ranjan Prasad, Member (Technical)

1.This Company Petition has been filed by one of the Directors/Shareholders ofU - Com Software Private Limited u/s. 252(3) of the Companies

Act, 2013 for restoratlon of name of the struck off company in the register of companies, maintained in the office of the Registrar of Companies,

Odisha. It is stated that the name of the Company was struck off on 06/09/2012.

It is contended that the Company had not filed the Financial Statements for the financial years ended 31s' March 2010, 2011, 2012, 2013, 2014,

2015, 2016, 2017, 2018, 2019 and 2020 and Annual Returns of the Company for the financial years ended 31s' March 2010, 201 l, 2012, 2013, 2014,

2015, 201 6, 2017, 201 8, 2019 and 2020, due to lack of knowledge of the Companies Act and has produced copies of the said financial statements. It

is further contended that the Company has Reserves & Surplus amounting to 17.424.00 and Current Liabilities amounting to I 10.400.00 and it will be

unfair to the Creditors and the Company if the company is struck-off and the Creditors do not receive their dues. Upon the said contentions, the

Authorized Representative for the Petitioner prayed for passing of an order for restoration of the name of the appellant company.

Notices were issued to the Registrar of Companies, Odlsha. The Registrar of Companies, Odisha has submitted a report. It was stated in the report

that only after compliance of the requirements to be met under Section 248 of the Companies Act, 2013, Registrar of Companies, Odisha has struck

off the name of the company from the register.

ROC Odisha, has not objected to this application for restoration of the name of the company. On pet‘usal of the application, 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, Odisha, the respondent herein, is directed to restoie 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 Company is directed to file all pending statutory document(s) including Annual Accounts and Annual i eturns for the period 11 years along with prescribed

fees/additional fee/fine as decided by Registrar of Companies, Cuttack within 45 days from the date on which its name is restored on the register of companies

maintained by the Registrar of Companies, Odisha.

c) The restoration of the Company’s name is also subject to the payment of cost of 11,10,000/- (Rupees One Lakh and Ten Thousand only) through online

payment in www.mca.gov.In under miscellaneous fee by mentioning particulars as “Payment of cost for restoration of company pursuant to orders ofNCLT in

C.P. No. 43 CB72021â€​.

d) the petitioner is directed to deliver a certified copy of this order with Registrar of Companies, Odisha within thirty days of the receipt of this order.

e) On such delivery and after due compllance with the afiove fiitections, the Registrar of Companies, Odisha is directed to publish the order in the Official Gazette

under his office 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

Registrar of Companies, Odisha to take appropriate action(s) in accordance with law, for any other violations/offences, if any, committed by the petitioner company

prior to or during the period the name of the Company remained struck off.

CP No. 43/CB/2021 is disposed of accordingly.

The Registry is diiected 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 fol malities.