Priyadarshi Resort & Hotels Limited vs Roc Bihar

Rohit Kapoor, Member (Judicial)

This Company Petition has been filed by one of the Shareholders of Priyadarshi Resort & Hotels Limited,(struck off) 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, Patna. It is stated that the name of the Company was struck off on 04.09.2018.

It is contended that “due to inadvertent mistake and lack of knowledge of the person authorized to look after the filing of the same”, the petitioner could not file annual returns and financial statements for the financial Years 2012-13 to 2020-21 and has produced copies of the said financial statements, Statement of Bank Accounts as well as the IT returns have also been produced.

It was further contended that the company has Long Term Borrowings for Rs. 6,90,30,800/- and Other Current Liabilities for Rs. 7,35,355/- for the Financial Year 2018-19 and It will be unfair to the Creditors and the Company if the company is remained struck-off and the Creditors do not receive their dues. Upon the said contentions, the Ld. Counsel for the petitioner prayed for passing of an order for restoration of the name of the struck off company.

Notices were issued to the Registrar of Companies. The Registrar of Companies, Patna has submitted its report at the Registry with copy to the petitioner. 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, Patna has struck off the name of the petitioner company from the register maintained by the Registrar of Companies, Patna.

ROC, Patna has not objected to this application for restoration of the name of the petitioner company. On perusal of documents, we are also satisfied that the it would be just and equitable that the companies name is restored to the register of companies maintained by the RoC.

Accordingly, in exercise of the powers conferred on the Tribunal under Section 252 of the Companies Act, 2013, the petition is allowed upon the following:-

(a) The Registrar of Companies, Patna, the respondent therein, 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 pending statutory document(s) including Financial Statements and Annual Returns from Financial Year 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18, 2018-19, 2019-20 & 2020-21 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. 90,000/- (Rupees Ninety Thousand Only) through on-line payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "Payment of cost for revival of company pursuant to orders of NCLT, Kolkata Bench in C.P. No. 211/KB/2022".

(d) The Petitioner is directed to deliver a certified copy of this order with 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 Registrar of Companies, Patna to take appropriate action(s) in accordance with law, for any other violations / offence, if any, committed by the petitioner company prior to or during the period the name of the Company remained struck off.

The Company Petition being C.P. No. 211/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.