Balvant Engineering Pvt. Ltd. vs Registrar Of Companies, Pune

This present Petition has been filed under Section 252 of the Companies Act, 2013 (hereinafter as Act) by “M/s. Balvant Engineering Pvt.

Ltd.â€, seeking relief against the respondent, inter-alia among other things, to restore the name of the company in the Register of Companies

maintained by the Registrar of Companies, Pune.

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

11th July, 2017.

Submissions from the Petitioner:

It is submitted that the company was incorporated on 07.06.1949 under the Companies Act, 1913. The Annual Returns and Financial Statements

could not be filed for the Financial Years 2000-2001 to 2015-2016 and 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 Respondent/ ROC has filed a detailed report and submitted to this Tribunal, explaining the sequence leading to the striking off of the company.

It is stated that the petitioner itself admitted non-filing of statuary returns. The Respondent side issued STK- 1 notice dated 07.03.2017 to the

Company on the ground that, the Company is not carrying 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 Section 455 of the Act and also

issued STK-5 dated 07.04.2017.

In addition to the publication of the name of the company on web site of the Ministry, the name of the company was also published in official

gazette. Respondent further submitted that in absence of any representation against the proposed strike off action, the Registrar struck off the name

of the company and the dissolution order was published on the website of the Ministry vide STK 7 on 11.07.2017.

It is also submitted that the Company has failed to file its Statutory Returns since 2000. Therefore, ROC, Pune Struck Off the name of the

company from the Register of Companies u/s 248 (5) of the Companies Act, 2013.

Findings:

That, the facts and circumstances of the case show that the relevant documents which are 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 Annual Accounts for the years 2013-2014, 2014-2015, 2015-2016 and IT return acknowledgement for the

assessment years 2018-2019 and 2019-2020 with the Petition to demonstrate 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 proper 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 ₹3,25,000/-

to be paid to the MCA, as and when the order gets uploaded on the site of this Tribunal. Consequentially thereupon the Bank Account/s if freezed

shall get defreezed and to be operated by the Company.

The Registrar of Companies, Pune 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.