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Judgment
Bidisha Banerjee, Member (Judicial)
This Company Petition has been filed by one of the Shareholders of Fibernet Infrastructure Private Limited, u/s 252(3) of the Companies Act, 2013 for restoration of name of the Struck off company in the register of the Companies, maintained in the office of the Registrar of Companies, Patna, Bihar. It is stated that the name of the company was struck off on 10/10/2022.
It is contended that the company has not filed the financial Statements for the financial years ended 2020-2021 and 2021- 2022 and Annual Returns of the Company for the financial years ended 2020-2021 and 2021- 2022, due to due to default of statutory compliances and has now produced copies of the said financial statements.
It is further contended that the Company has Current Liabilities of Rs. 8,44,800/ Cash and cash equivalents amounting Rs.4,12,969.10 for the Financial year ended on 31.03.2021 and it will be unfair to company if the company is struck-off. 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, Patna, Bihar. The Registrar of Companies, Patna, Bihar has submitted a report. It is stated in the report that only after the compliance of requirements to be met under Section 248 of the Companies Act, 2013, Registrar of Companies, Patna, Bihar has struck off the name of the Company from the register.
The Registrar of Companies, Patna, Bihar has not objected to this application for restoration of the name of the company. We feel that it is just that the name of the Company is restored. Accordingly, in exercise of the powers conferred on the Tribunal under Section 252 of the Companies Act, 2013, the petition is allowed on the Following terms:
a) The Registrar of Companies, Patna, Bihar, 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 pending statutory document(s) including Annual Accounts for the period of 2020-2021 and 2021- 2022 and Annual returns for the period 2020-2021 and 2021- 2022 along with prescribed fees/additional fee/fine as decided by Registrar of Companies, Patna, Bihar within 45 days from the date on which its name is restored on the register of companies maintained by the Registrar of Companies, West Bengal.
c) The restoration of the Company’s name is also subject to the payment of cost of Rs. 20,000-/- (Rupees Twenty 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. 21/KB/2023.”
d) The petitioner is directed to deliver a certified copy of the order with Registrar of Companies, Patna, Bihar 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, Bihar 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, Bihar to take appropriate action(s) in accordance with the law, for any other violations/offences, if any, confirmed by the Appellant company prior to or during the period the name of the Company remained Struck off.
The C.P. No. 21/KB/2023 is disposed of alongwith IA (Companies Act)/81/KB/2023, that was preferred to seek early disposal of CP.
The Registry is directed to send e-mail copies of the order forthwith to all the parties inclusive of the counsel.
Urgent certified copies of this order, if applied for be issued upon compliance with all requisite formalities.