Dalson Engineering Company Private Limited vs Roc

This Petition has been filed by Dalson Engineering Company Private Limited under Section 252 of the Companies Act, 2013 (hereinafter as "Act") praying for restoration of the Company's name in the Register maintained by the Registrar of Companies, Mumbai (hereinafter as "RoC"). In this hearing, the Petitioner was represented by Ms. Sherlyn Rebello, Company Secretary, whereas from the RoC side, Ms. Yogini D. Chauhan, Dy RoC appeared before this Bench. The RoC has no objection if the petition is allowed by this bench.

The Learned Representative for the Petitioner submits that the Company was incorporated on 29.09.2005 (fresh date of incorporation after change of name). The Company could not file the financial statements for the F.Y. 2004-05 to 2016-17, i.e., for 13 years with the RoC due to inadvertence.

The professional appearing for the petitioner mentions that Dalson Engineering Company Private Limited was earlier known as "Santosh Rubber Machinery Private Limited". Subsequently, the name of the Company was changed to "Dalson Rubber Machinery Private Limited" with effect from 13.01.2003 and finally the name of the Company was again changed to "Dalson Engineering Company Private Limited" with effect from 29.09.2005. The professional representing the petitioner further mentions that they have submitted the letter of certificate of incorporation, issued by RoC Mumbai, regarding the change of the name of the company dated 29.09.2005 before the Bench. However, on the records of the ROC, Mumbai the name of the company is still Santosh Rubber Machinery Private Limited.

This Bench heard the concerned Parties. 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 Petitioner Company in the Register of Companies maintained by the RoC. While effecting the revival of the Company, the ROC is also directed to reflect in their register the name of the company as Dalson Engineering Company Private Limited.

Accordingly, this Petition is Allowed and the restoration of the Petitioner Company's name, i.e., Dalson Engineering Company Private Limited in 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. Further, this Order will be subject to payment of costs of Rs. 1,30,000/- to be paid online through Bharat Kosh in favour of "Pay and Accounts Officer, Ministry of Corporate Affairs, Mumbai" within 7 days from the receipt of the duly certified copy of this Order, to this office. Consequentially thereupon the Bank Account/s, if freezed, shall get defreezed which can be operated by the Petitioner Company.

This Petition is disposed of on the terms directed above. The RoC shall give effect to this Order only after perusal of the Compliance report of cost imposed. The Company, i.e., Dalson Engineering Company Private Limited 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.