Nilam Techno And Reality Private Limited Vs Registrar of Companies Patna

Balraj Joshi, Member (Technical)

This Company Petition has been filed by its shareholders namely Mr. Bablu Kumar and Mrs. Nilam Devi under Section 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, Patna. It is stated that the name of the Company was struck off on 29/03/2022.

It is contended that the Company has not filed financial statements and annual returns for the financial years 2018-19 to 2021-22, due to inadvertences and business complexities and has produced copies of the financial statements for the financial years 2018-19, 2019-20, 2020-21 & 2021-22 (Four Years). It is further contended that as per the latest Financial Statements, the Company has Reserves and Surplus to the tune of Rs. 2,65,42,412/- (Rupees Two Crores Sixty -Five Lakhs Forty-Two Thousand Four Hundred and Twelve Only) and Revenue from Operations to the tune of Rs. 94,44,806/- (Rupees Ninety- Four Lakhs Forty- Four Thousand Eight Hundred and Six 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 and Income Tax Returns 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 Petitioners prayed for passing of an order for restoration of the name of the appellant company.

A Notice was issued to the Registrar of Companies, Patna against which the Registrar of Companies, Patna 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, the Registrar of Companies, Patna, has struck off the name of the company from the register.

The Registrar of Companies, Patna vide their report dated April 03, 2023, has allowed the revival of the Company subject to the receipt of clarification regarding non-mentioning of UDIN in the financial statements. The applicants in this regard contend that the UDIN was generated by the Statutory Auditor in due compliance of the ICAI guidelines but the same was not written in the financial statements. The Applicants further assure to mention the UDIN in the financial statements at the time of filing the same on the MCA Portal. On perusal of the petition, we are satisfied that the name of the company should be restored to the register. Accordingly, the present petition is allowed on the following terms: -

a) The Registrar of Companies, Patna 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 document(s) including Annual Accounts and Annual Returns along with prescribed fees/additional fee/fine as decided by Registrar of Companies, Patna within 45 days from the date on which its name is restored on the register of companies maintained by the Registrar of Companies, Patna.

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 company pursuant to orders of NCLT in C.P. No. 47/KB/2023”.

d) The Petitioner is directed to deliver a certified copy of this order to the Registrar of Companies, Patna, 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, Patna, 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 the Registrar of Companies, Patna 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.

The C.P. No. 47/KB/2023 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 to be issued upon compliance with all requisite formalities..