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Judgment
Harish Chander Suri, Member (Technical)
This Company petition has been filed by one of the Shareholders of M/s Trisuri Distributors Private Limited u/s. 252(1) 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, West
Bengal. It is stated that the name of the Company was struck off on 25.10.2019.
It is contended by the Struck Off Company that it had not filed the Financial Statements and Annual Returns for the financial years ended2 011-
2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020, due to inadvertent mistake on part of
the management and the mistake is purely unintentional and has produced copies of the said financial statements. 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 also Income Tax
Returns were filed on a regular basis and it will be unfair to the 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 Struck Off company.
Notice was issued to the Registrar of Companies, West Bengal. The Registrar of Companies, West Bengal has submitted its report to the Registry.
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, West Bengal has struck off the name of the company from the register.
ROC, West Bengal 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, West Bengal, the respondent herein, is directed to restore the original status of the 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 returns for the 2011-2012, 2012-2013, 2013-2014, 2014-
2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020, along with prescribed fees/ additional fee/fine as decided by Registrar of Companies, West Bengal 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.90,000/- (Rupees Ninety 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
Appeal/22(KB)2021.â€
(d) The Struck off Company is directed to deliver a certified copy of this order with Registrar of Companies, West Bengal 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, West Bengal 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, West Bengal 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.
Appeal/22(KB)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 requisite formalities.