AI Structured Summary
Not yet generated for this judgment
Judgment
This present Petition has been filed under Section 252 (1) of the Companies Act, 2013 (hereinafter as Act) by the Director of " Aadhar Hospital Private Limited " (Company) praying for restoring its name in the Register of Companies maintained by the Registrar of Companies, Mumbai (hereinafter as ROC).
The name of the Company was struck off from the Register on account of the reasons that, the Company is not carrying on any business and that there was no business operation for a period of last two financial years and have not made any application within such period for obtaining the status of Dormant Company under S. 455 of the Act. The ROC has published a public notice for Striking off and Dissolution of Company i.e. STK - 7 dated 08.11.2019.
Submissions from the Petitioners:
It is submitted that, the Annual Returns and Financial Statements could not be filed since 2017. It is further submitted that, the Company now has all the remaining documents ready and prepared and is willing to file the same before the ROC, if so permitted. Further the Company is willing to file any other necessary document which are required by the ROC.
Submissions from the Respondent/RoC:
The ROC has forwarded its report stating therein that, the ROC has issued the notice in Form STK - 1 to the Company on the ground that, the Company is not carrying on any business and that there was no business operation for a period of last two financial years and have not made any application within such period for obtaining the status of Dormant Company under S. 455 of the Act.
It is also submitted that, the Company had failed to file statutory returns for a continuous period of more than two years, the ROC came to conclusion that, the Company has ceased to do its business. And consequently the name has been struck-off from the Register of Companies by ROC.
Findings:
That, the facts and circumstances of the case show that the relevant documents which are required to be filed, are ready with the Company and the Company is willing to file the same, if so permitted.
The Petitioner enclosed the Audited report, Financial statement and Income Tax Return Acknowledgement for the year ended 2016-17 and 2017-18, with the Petition to show that the Company is in continuous operation.
Hence, upon considering the facts and circumstances of this present petition, this Bench is of the view that, it would be just and fair to order restoration of the name of the Company in the Register of Companies maintained by the ROC.
Accordingly, this Petition is allowed. The restoration of the Company's name to the Register of Companies maintained by the ROC, is hereby ordered, with a direction that the Company shall comply with the Provisions of the Act and further it will be subject to payment of costs of Rs. 1,00,000/-to be paid online through Bharat Kosh to the concerned ROC, as and when the order gets uploaded on the website of this Tribunal. Consequentially thereupon the Bank Account/s if freezed shall get defreezed and to be operated by the Company.
The ROC shall give effect of this Order only after perusal of the Compliance report of cost imposed. The Company is directed to file all the required documents and shall fulfil other relevant statutory compliances within 30 days from Restoration of its name in the Register of Companies maintained by ROC.