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Tribunals and CommissionsDivision Bench(2020) 07 NCLT CK 0107

Kdc Securities Private Limited vs Roc, Mumbai

National Company Law Tribunal · Decided on 6 July 2020

HON’BLE JUDGES
Suchitra Kanuparthi, J · Chandra Bhan Singh, Member (Technical)
RESULT
Disposed Of
CASE NUMBER
Company Petition No. 937/MB Of 2020

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Judgment

5 paragraphs · 350 words
1.

This Petition has been filed by KDC Securities Private Limitedunder Section 252 of the Companies Act, 2013 (hereinafter as "Act") praying for restoration of the Company's name in the Register maintained by the Registrar of Companies, Mumbai (hereinafter as "RoC"). In this hearing, the Petitioner was represented by Ms. Geeta Lundwani, Advocate, whereas from the RoC side, Ms. Yogini D. Chauhan, Dy RoC appeared before this Bench. The RoC has no objection if the petition is allowed by this bench.

2.

The Learned Representative for the Petitioner submits that the Company was incorporated on 05.02.2001. The Company could not file the financial statements for the F.Y. 2015-16 to 2018-19, i.e., for 4 years with the RoC due to inadvertence.

3.

This Bench heard the concerned Parties. Upon considering the facts and circumstances of this present Petition, this Bench is of the view that it would be just and proper to order restoration of the name of the Petitioner Company in the Register of Companies maintained by the RoC.

4.

Accordingly, this Petition is Allowed and the restoration of the Petitioner Company's name, i.e., M/s. KDC Securities Private Limited in the Register of Companies maintained by the RoC, is hereby ordered, with a direction that the Company shall comply with the Provisions of the Act. Further, this Order will be subject to payment of costs of Rs. 40,000/- to be paid online through Bharat Kosh in favour of "Pay and Accounts Officer, Ministry of Corporate Affairs, Mumbai" within 7 days from the receipt of the duly certified copy of this Order, to this office. Consequentially thereupon the Bank Account/s, if freezed, shall get defreezed which can be operated by the Petitioner Company.

5.

This Petition is disposed of on the terms directed above. The RoC shall give effect to this Order only after perusal of the Compliance report of cost imposed. The Company, i.e., M/s. KDC Securities Private Limited is directed to file all the required documents and shall fulfil other relevant statutory compliances within 30 days from Restoration of its name in the Register of Companies maintained by RoC.