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Tribunals and CommissionsDivision Bench(2021) 10 NCLT CK 0015

Durga Builders Pvt. Ltd. vs Registrar of Companies

National Company Law Tribunal · Decided on 8 October 2021

HON’BLE JUDGES
Abni Ranjan Sinha, Member (J) · Kapal Kumar Vohra, Member (T)
RESULT
Disposed Of
CASE NUMBER
Appeal 146/252/ND/2019 A/W CA! 192/2021

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Judgment

13 paragraphs · 353 words

K.K. Vohra Member (T)

1.

This Appeal (146/252/ND/2019) has been filed by Directors of the Company  named   Durga  Builders  Pvt.  Ltd.'  (the  Company)  registered  at  Plot  No  9, Duggal   Colony,   Devli  Road,   N  Delhi-110064   invoking  the  provisions  of Section 252 of the Companies Act, 2013 (the Act) for restoration of the name Appeal 146/252/ND/2019 of the Company in the Register maintained by the Registrar of Companies (RoC).

2.

The major facts are given below:

Strike off Date

08.08.2018 (Pg 286 of petition).

Audited Financial Statements

Not submitted.

IT Return

Not submitted.

3.

ARoC in its reply dated 30.01.2019, objected to restoration of the name of the Company in view of the fact that the Company had not filed its balance sheet from Financial year ended on 31.03.2008 due to which the Respondent had reasonable cause to believe that the petitioner company was inactive and ha terms of provision of section 248(1) of the Companies Act, 2013 (Para 4, Pg 2 of RoC Reply).

4.

No report has been filed on behalf of IT Dept andthe case was heard and order   was   reserved   on  24.09.21.   The   Company   had   not   filed   any Financial Statements from FY ended on 31.03.2008  (as per RoC reply) and  has  not  produced  any  other  evidence  that  it  has  been  a  going concern when the name of the Company was struck off.

5.

From  the  above  paras,  we  observe  that the  Company  seems  to  be  a defunct Company as it had not filed any Financial Statement and has not attached any copy of IT Return filed with IT Deptt during the last one decade. Therefore, in view of the aforementioned conclusion, the prayer is rejected and appeal is dismissed.

6.

The   appellant  has  filed  CA! 192/2021  with  the  prayer  to  permit  the Applilcant Company to file the correct company records available with the current managment without imposition of cost or penalty, in lieu of the fraudulent annual returns filed by the Nanda's after the year 1997. In  view  of the  rejection  of  Appeal 146/252/ND/2019  as  above,  the imposition of cost of penalty does not arise. Thus, CA! 192/2021 stands disposed of.