AI Structured Summary
Not yet generated for this judgment
Judgment
This is an appeal which has been filed by the Appellant Company aggrieved by the Order dated 08.8.2018 passed by the Respondent ROC in striking
off the name of Company on the basis that the Company has not filed Returns for 2 years prior to striking off. The appeal has been .preferred by the
Appellant Company along with the Directors who are also Shareholders of the Company, namely, Mr. Surinder Kumar Aggarwal and Ms. Maryam
Jana. From the appeal, it is seen that the Company is having the authorized capital of 2 Lakhs Equity shares of Rs.10/- aggregating to Rs.20 Lakhs
and the subscribed) issued and the paid-up capital of the Company is to the extent of 90,000 equity shares of Rs.10/- each aggregating to Rs.9 lakhs.
It is seen from the appeal that the Company has been incorporated on 17.4.2013 and the Registration number given by the respondent at the time of
incorporation is 250875 and the Certificate of Registration /Incorporation has been annexed at Page 14 of the typed set filed along with the appeal.
From the documents, it is seen that the Company was incorporated on 17.4.2013 and opportunity to file reply was given to the respondent ROC and
reply has also been filed by the respondent ROC.
In addition, notice of the appeal was also directed to be furnished to Income tax Department. Despite furnishing a copy of the appeal, the Income tax
Department has failed to file reply/observations and hence this Tribunal is constrained to proceed to dispose off the matter in the absence of
observations of the Income tax Department.
During the course of hearing, Ld. AR appearing for the appellant points out that action of the Respondent ROC is not in any way justified as the
Company has been filing its Financial statements as well as Annual Returns with the ROC and in this connection, further points out that the record of
the ROC in itself displayed in the MCA Website which is annexed at page-33 of the typed set filed along with the Appeal from which it is seen that
the date of filing of Balance sheet is disclosed as 31.3.2017 and the date of last AGM convened on 30.9.2017.
Ld. AR further points out that notice as issued by the respondent ROC in striking off the name of the name is prima facie not correct as per the Order
dated 08.8.201$ by the ROC which prima-facie points out that the conditions as laid down under Section 248 of the Companies Act, 2013 are not in
existence. It is also seen from the records that the Company has been filing its statutory Returns regularly. In the circumstances, we find the striking
off the name of the Company under Section 248 of the Companies Act, 2013, is unsustainable and hence, this appeal is required to be allowed and we
hereby set aside the Order of the respondent- ROC dated 08.8.20151 striking off the name of Company.
Let the appellant Company comply with all its statutory obligations in filing the Returns and Balance sheets including any other document which is
required to be filed which it has not been able to file due to striking off its name by the action of Respondent. The Order of the ROC in freezing the
Bank account is also henceforth set aside and the Appellant Company will be at liberty to operate the Bank Account held with HDFC Bank
henceforth based at Karol Bagh, New Delhi and other Bank accounts, if any, as held by the appellant Company.
No order as to costs.