Hilltop Plaza Private Limited vs ROC West Bengal

Harish Chander Suri, Member (T)

This Company Petition has been filed by Mr. Suresh Kumar Bagri Shareholder of the petitioner company, Hilltop Plaza Pvt Ltd, (struck off) u/s. 252(3) 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, West Bengal. It is stated that the name of the Company was struck off on 24.08.2018.

It is contended that the Company had not filed the Financial Statements and Annual Returns for the financial years ended 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019 and 2019-2020 "due to inadvertent mistake and lack of knowledge of the person authorized to look after the filing of the same", the petitioner could not file annual returns and financial statements for the relevant financial years and has produced copies of the said financial statements, Statement of Bank Accounts as well as the IT returns have also been produced. Upon the said contentions, the Ld. Authorised Representative for the petitioner prayed for passing of an order for restoration of the name ofthe appellant company.

Notices were issued to the Registrar of Companies. The Registrar of Companies, West Bengal has submitted its report at the Registry with copy to the petitioner. It was stated in the report that only after compliance of the requirements to be met underSection 248 of the Companies Act, 2013, Registrar of Companies, WestBengal has struck off the name of the petitioner company from the register maintained by the Registrar of Companies, West Bengal.

On perusal of documents, we are also satisfied that the petitioner company was a going concern and doing business on the date of striking off its name. ROC, West Bengal has not objected to this application for restoration of the name of the petitioner company. Therefore, the Company Petition deserves consideration. Accordingly, the Company Petition is to be allowed upon payment of cost of Rs. 60,000/- (Rupees Sixty Thousand only), which would meet ends of justice in the peculiar nature and circumstances of the case in hand.

Accordingly, in exercise of the powers conferred on the Tribunal under Section 252 of the Companies Act, 2013, the petition is allowed upon the following :-

ORDERS

(a) The Registrar of Companies, West Bengal, the respondent therein, 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 Company is directed to file all pending statutory document(s) including Annual Accounts and Annual Returns for the period financial year ended 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019 and 2019-2020 along with prescribed fees/ additional fee/fine as decided by Registrar of Companies, West Bengal within 45 days from the date on which its name is restored on theregister of companies maintained by the Registrar of Companies, West Bengal;

(c) The restoration of the Company's name is also subject to the payment of cost of Rs. 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 revival of company pursuant to orders of NCLT, Kolkata Bench in C.P. No. 22/KB/2021";

(d) The Petitioner is directed to deliver a certified copy of thisorder with Registrar of Companies, West Bengal 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, West Bengal 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, West Bengal to take appropriate action(s) inaccordance with law, for any other violations / offences, ifany, committed by the petitioner company prior to or duringthe period the name of the Company remained struck off.

The C.P. No. 22/KB/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.