Heena Vinod Dhakan vs ROC, Mumbai

The Court is convened through Video Conference.

This court convened through video conferencing today. Mr.Harsh Kesharia, Ld. Counsel/Authorized Representative appeared on behalf of the

Appellant.

This Company Petition is filed by Heena Vinod Dhakan (Appellant)on behalf of Sneheena Properties Private Limited

CIN:U45201MH2011PTC212528 under section 252 (1) of the Companies Act, 2013 praying for restoration of the name of the Company to the

Register of Companies maintained by the Registrar of Companies, Mumbai.

The Appellant submits that the company was incorporated on 19.01.2011under the Companies Act, 1956 as a private company limited by shares

with the Registrar of Companies, Maharashtra, Mumbai.

The grievance of the Appellant is that the Respondent Registrar of Companies, Maharashtra, Mumbai struck off the name of the said Company

from the Register of Companies maintained by them by issuing notice in Form STK-1, STK-5 and STK-7 under section 248(4)(1) for removal of the

name of the Company from the Register of Companies under section 248(1) of the Companies Act, 2013 and rule 3 of the Companies (Removal of

Names of Companies from the Register of Companies) Rules, 2016 due to defaults in statutory compliances, namely, failure to file Financial

Statements and Annual Returns and failure to do business for two years.

The Appellant submits that the Company has been functioning since its incorporation. The Appellant further submits that the Company has failed to

file its Financial Statements and Annual Returns from Financial Year 2013-14 till Financial Year 2018-19due to inadvertence. However the Master

Data annexed to the Petition does not capture any filing.

The Appellant has enclosed the Audited Accounts for the Financial Year ended at 31.03.2014 till Financial Year ended at 31.03.2019. The

Appellant has also enclosed copies of the Acknowledgement of Income-Tax Returns filed with the Income-Tax Authorities for the Year 2014-15 till

Year 2019- 20.

The Respondent has filed his report and reiterates that the name of the Company was struck off, as the company was not carrying on any business

or operation for a period of immediately preceding two years.

On hearing the submissions of the Learned Counsel/Authorised Representative appearing on behalf of the Appellant and on perusal of the Report

of Registrar of Companies, Maharashtra, Mumbai, the Audited Accounts submitted by the Appellant and other documents placed on record, the

Bench observes that it would be just, equitable and in the interest of justice to provide an opportunity to the company to rectify its defaults and

continue the business.

Given the above facts and circumstances, we are satisfied that the prayer sought by the Appellant deserves to be allowed.

Accordingly,Company Petition bearing CP No.1345/252(1)/MB-IV/2020 filed by the Appellant, Heena Vinod Dhakan, representing Sneheena

Properties Private Limited, under section 252 of the Companies Act, 2013, seeking restoration of the Company’s name in the Register of

Companies maintained by the Registrar of Companies, Maharashtra, Mumbai is allowed on the following terms: -

(a) The Respondent Registrar of Companies, Maharashtra, Mumbai, is directed to restore the name of the Company represented by the Appellant,viz.

Sneheena Properties Private Limited, to the Register of Companies subject to payment of a sum of Rs.1,00,000/- (Rupees One Lakh only) as cost

‘to be paid online through Bharat Kosh in favour of “Pay and Accounts Officer, Ministry of Corporate Affairs, Mumbaiâ€â€˜ within thirty days

from the date of receipt of a copy of this Order; and

(b) Upon such restoration, the said Companyshall file all its pending financial statements and Annual Returns with all the applicable fees and late fees

with the Respondent Registrar of Companies within thirty days from the date on which the name of the Company is restored to the Register; failing

which, this order will stand vacated automatically.

Upon restoration of the name of the said Company to the Register of Companies after complying with the terms mentioned above, the Registrar of

Companies, Maharashtra, Mumbai, shall issue appropriate communications to the bank authorities for defreezing the accounts of the Company.