Sri Niroj Mohapatra vs Registrar Of Companies

Satya Ranjan Prasad, Member (Technical)

This Company Petition has been flled by Sri Niroj Mohapatra, Director cum Shareholder of the Company u/s. 252(3) of the Companies Act, 2013

for restoration of name of the Struck Off Company in the reglster 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 27""’ July 2018.

It is contended that the Company had not filed the Financial Statements for the financial years ended 2014-15, 2015-16, 2016-17, 2017-18 and

Annual Returns of the Company for the financial years ended 2014-15, 2015-16, 2016-17, 2017-18, due to occurrence of unforeseen events and has

produced copies of the said financial statements. It is further contended that the Company has Reserves & Surplus amounting to Rs. 27,827 and other

current liabilities amounting to Rs. 76,500 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 Ld. Counsel 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, Odisha. 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 perusal 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 hereln, 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 consequentlal actions like changing status of petitioner company from ‘struck off to

‘Active’.

b) The Petitioner Company is directed to file all pendlng statutory document(s) including Annual Accounts and Annual returns for the period 2014-15, 2015-16, 2016-

17, 2017-18, 2018-19 & 2019-20 along with prescribed fees/additional fee/fine as decided by Registrar of Companies, Odisha 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 160,000/- (Rupees sixty thousand only) through online payment in

www.mca.Nov.in under miscellaneous fee by mentioning particulars as “Payment of cost for restoration of company pursuant to orders of NCLT in CP No.

2/CB/2021â€​.

d) The petltioner is directed to deliver a certified copy of this order with Reglstrar of Companies, Odisha 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, Odisha is directed to publlsh 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.

The CP No. 2/CB/2021 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 requlsite formalities.