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Judgment
M.B. Gosavi, J
This application under Section 252(3) of the Company's Act, 2013 by Mr. Kaushikbhai Chhaganbhai Lathiya, one of the member cum directors of the company named as Rajmoti Infrastructure Pvt. Ltd. having CIN No. U45201GJ2013PTC073456 for restoration of its name which has been struck off by the Registrar of Companies, Gujarat ("ROC") on the ground that the company failed to file its annual financial returns for last two years.
It is not disputed that the company did not file annual returns for the last two years.
The ROC, Gujarat served on company notice under Section 248(1) of the Companies Act, 2013.
Since, the company or its directors failed to make any representation against the notice, name of the Company got struck off w.e.f 25.10.2019 holding that it did not carry any business.
The applicant produced on record audited annual returns (financial statements) for the years 2016, 2017 and 2018. Perusal of them shows that the Company is indeed carrying operations and earning revenue therefrom.
The applicant stated reason for non-filing of returns as "advertence and over sight mistake on the part of management." The fact that the company was regular in filing annual returns on earlier 10 years is enough to hold that company's reason for non-filing of annual returns is accepted subject to payment of cost.
The ROC, Gujarat, although filed detailed reply but ultimately conceded to the fact that he has no objection if the company's name is restored in the register of company's subject to payment of exemplary cost.
On the basis of material available on record, we hold that company is doing its business and carrying operation and it did not file annual returns only out of sheer mistake. Hence, its name has to be restored back in the register of companies. Hence, we pass the following order.
ORDER
(i) The Registrar of Companies, Gujarat, the respondent herein, is ordered to restore the name of Rajmoti Infrastructure Pvt. Ltd. having CIN: No. U45201GJ2013PTC073456 in Register of Companies as if the name of the Company has not been struck off from such Register.
(ii) The Applicant Company is directed to file all pending statutory document(s) including Annual Accounts 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 Company's name is subject to the payment of cost of Rs. 25,000/- (Rupees Twenty Five Thousand Only) for each year of 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. 51/252(3)/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, Gujarat 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 Appeal is disposed of accordingly.
Urgent certified copy of this order, if applied for be issued upon compliance with all requisite formalities.