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Judgment
M.B. Gosavi, J
The instant application is filed under section 252 (3) of the Compaq Act, 2013, by one of the shareholder and Director of the Company namely "M/s. Maashakti Industries Limited." having CIN No. U17120GJ2007PLC052276 for restoration of name of the Company on the register maintained by the Registrar of the Companies, Ahmedabad (Dadra Nagar & Haveli), Gujarat, (hereinafter referred to as "ROC"), as the name of the Company was struck off by ROC vide order dated 25.10.2019 after complying section 248 (1) of The Companies Act, 2013, due to default in statutory compliances, namely, failure to file the Financial Statement & Annual Return for the financial year ending on 31.03.2017 and 31.03.2018.
It is admitted by the applicant that the company did not file its annual returns and financial statement for the year 2017-18 & 2018-19.
The applicant produced on record the audited annual financial statements for the year 2017-18 to 2018-19 to show that the company was carrying on business.
The ROC, Ahmedabad filed its representation dated 24.07.2020 and stated that if, instant appeal is allowed by this Tribunal, then, applicant be directed to file the balance sheet for the year 2017-18 & 2018-19 by paying the late fees and exemplary cost may also be imposed.
On perusal of the documents placed on record, it is found that the Company was in the operation and have fixed assets & liabilities.
Moreover, admittedly upon service of notice under section 248 (5) of the Companies Act, 2013, the applicant had filed representation pointing out that the company is going concern, but, annual return could not be filed due to inadvertence. In our considered opinion ROC, Gujrat, ought to have considered that observation. Be as that as it may from material on record, we find that the company carries the business, Hence, its name has to be restored in the register of companies maintained by ROC.
Accordingly, we pass the following orders
ORDER
(i) The Registrar of Companies, Ahmedabad, the respondent herein, is ordered to restore the name of company "M/s. Maashakti Industries Limited", having CIN No. U17120GJ2007PLC052276 Register of Companies as if the name of the Company has not been struck off from such Register.
(ii) The appellant Compaq is directed to file all pending statutory document(s) including Annual financial statement and Annual returns for the financial years in default along with prescribed fees/additional fee/fine as decided by ROC within 45 days from the date on which its name is restored on the Register of Companies by the ROC;
(iii) The Company's representative, who has filed the Company Appeal on behalf of the Applicant Company, is directed to personally ensure compliance of this order;
(iv) The restoration of the Compaq's name is subject to the payment of cost of Rs. 50,000/- (Rupees Twenty Five Thousand Only) aggregate for default through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "payment of cost for revival of company pursuant to orders of Hon'ble NCLT in Company Appeal No. "43/NCLT/AHM/2020" within 30 days from the date of this order.
(v) The Applicant is permitted to deliver a certified copy of this order with ROC within thirty days of the receipt of this order;
(vi) On such delivery and after duly complying with above directions, the Registrar of Companies, Ahmedabad (Darara & Nagar Haveli) is directed to, on his office name and seal, publish the order in the official Gazette;
(vii) This order is confined to the violations, which ultimately leads to the impugned action of striking off the name of the Company, and it will not come in the way of ROC to take appropriate action(s) in accordance with law, for any other violations/offences, if any, committed by the Applicant Company prior or during the striking off of the company.
The Company applicant is disposed of accordingly.
Urgent certified copy of this order, if applied for be issued upon compliance with all requisite formalities.