D.K.R Services Private Limited vs Vijay Ram Awadh Rai

Virendra Kumar Gupta, Member (Technical)

The present Appeal has been filed by Sh. Vijay Ramawadh Rai & Ms. Aarti Vijay Rai under section 252(1) of the Companies Act, 2013 for restoration of name of the struck off company in the register of companies, maintained in the office of the Registrar of Companies, Kanpur, Uttar Pradesh. It is stated that the company “D.K.R Services Private Limited” was incorporated on 10.06.2015 and the name of the Company was struck off on 19th August 2019 by the RoC.

It is contended that the Company had not filed the Financial Statements and Annual Returns for the financial year 2015-16 till 2019-20, as the company was not having any professional acquaintance and further inadvertently and unintentionally has failed to file the same. It is further contended that the Company has total current assets is ₹699,654.00/- and revenue from operation is ₹5,820,528/- which is reflected from the audited balance sheet for the year ending 31st March 2020. Upon the said contentions, the Ld. Counsel for the Petitioner prayed for passing of an order for restoration of the name of the appellant company. It is further stated that the company is not a shell company neither any illegal transaction has taken place in the company.

Notice was issued to the Registrar of Companies, Uttar Pradesh. The Registrar of Companies, Kanpur, Uttar Pradesh has submitted a report. It was stated in the report that only after compliance of the requirements to be met under Section 248 of the Companies Act, 2013, Registrar of Companies, Uttar Pradesh has struck off the name of the company from the register.

RoC Kanpur, Uttar Pradesh has not objected to this application for restoration of the name of the company.

On perusal of the application, we are satisfied that the name of the company should be restored to the register.

Thus, taking into consideration the provisions of section 252(1) of the Companies Act, 2013, which vests this Tribunal with a discretion where the Company, whose name has been struck off, and such Company is able to demonstrate that it is just and equitable to do so, can restore the name of the Company, in the Register and in the interest of all stakeholders, including the Appellant itself, who seeks restoration of the name of the Company in the register maintained by Registrar of Companies and company not being a shell company, the company deserves to be restored.

Accordingly, the present petition is allowed on the following terms: -

a. The Registrar of Companies, Uttar Pradesh the respondent herein, is directed to restore the original status of the petitioner company as if the name of the Company had not been struck off from the register of Companies with the resultant and consequential actions like changing status of petitioner company from ‘struck off’ to ‘Active’.

b. The Appellant Company is directed to file all pending statutory documents including Annual Accounts and Annual returns for the period 2015-16, 2016-17 2017-18, 2018-19, 2019-20 and 2020-21 along with prescribed fee and additional fee as decided by Registrar of Companies, Kanpur, Uttar Pradesh within 45 days from the date on which its name is restored on the register of companies maintained by the Registrar of Companies, Kanpur, Uttar Pradesh.

c. The restoration of the Company’s name is also subject to the payment of cost of ₹60,000/- (Rupees sixty thousand only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as “Payment of cost for restoration of company pursuant to orders of NCLT in C APPEAL No.38/ALD/2021

d. The petitioner is directed to deliver a certified copy of this order with Registrar of Companies, Kanpur, Uttar Pradesh within thirty days of the receipt of this order.

e. On such delivery and after due compliance with the above directions, the Registrar of Companies, Kanpur, Uttar Pradesh is directed to publish the order in the Official Gazette under his office name and seal;

f. This order is confined to the violations, which ultimately led to the impugned action of striking off the name of the Company, and it will not come in the way of Registrar of Companies, Kanpur, Uttar Pradesh to take appropriate action(s) in accordance with law, for any other violations / offences, if any, committed by the petitioner company prior to or during the period the name of the Company remained struck off.

The C Appeal No.38/ALD/2021 is disposed of accordingly.

The Registry is directed to send e-mail copies of the order forthwith to all the parties inclusive of the Counsel.

Urgent certified copy of this order, if applied for be issued upon compliance with all requisite formalities.