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Judgment
Under consideration is a Petition filed under the provisions of Section 252 (3) of the Companies Act, 2013 by director of the Company i.e., Mr.
Sanjeet Kumar Singh seeking a direction to the Registrar of Companies (hereinafter referred as ""ROC"") to restore of the name of the company viz.
Care Security Private Limited having Company Identification Number: U74920DL2010PTC199438 to the Register of the Companies maintained by
the ROC concerned.
The ROC has not filed any report despite service and opportunity was given for filing.
It is submitted by the Ld. Counsel for the Appellant that the Appellant Company was incorporated on 23.02.2010, but inadvertently failed to file the
financial statements for the years 2016-17, 2017-18 and 2018-19 and because of non-filing of Annual Returns the name of the Appellant Company
was struck off on 29.10.2019.
However, it is submitted by the Ld. Counsel that the Appellant Company was regular in meeting compliances of other statutorily laws in defaulting
period.
The Ld. Counsel for the Appellant Company submitted that the Company is having the business prospects and in case its name is restored to the
Register of Companies, it may carry on its business as per its object clause. Since the ROC and the Income Tax Department did not object, we may
allow the Application.
The ROC is directed to restore the name of the company to the Register of Companies subject to filing of all the pending Annual Returns and
Balance Sheets within six weeks from the date of the passing of this Order. The Appellant company is further directed to file an affidavit with the
ROC concerned declaring that the during the period of demonetizations the Accounts of the Company have not used for deposit of tainted money.
Fine of Rs 20,000/- is imposed on the Appellant Company which shall be reimbursed to the office of the ROC concerned for incurring the expenses
for restoration of the name of the Appellant Company to the Register of Companies.
We, however, make it clear that this Bench has only directed restoration of the name of the Appellant Company in the Register of Companies
maintained by the RoC on the basis of averments made in the Appeal and have in no way endorsed or adjudicated about the Appellants entitlement to
recover any tax etc. which shall be adjudicated by the concerned Department subject to the laws of limitation governing such recoveries. Charges
involved in seeking restoration of the company's name with the office of the ROC shall be borne by the Appellants.
Accordingly, the Appeal is allowed and is disposed of in terms of the above. The Ld. Counsel for the Appellants shall obtain a certified copy of this
Order to submit before the concerned ROC for compliance.