Malik Contractors and Builders Private Limited vs Registrar of Companies

Harnam Singh Thakur, Member (Judicial)

This Company Petition has been filed by Appellant Malik Contractors and Builders Private Limited, CIN: U45209HP2010PTC031290 having PAN

No. AAGCM3445A and GST No. 02AACCV77432C1ZN through its director Mr. Salim Ahmed under Section 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, Himachal

Pradesh. It is stated that the name of the company was struck off vide notification dated 29.07.2018 and the name of the petitioner company appears

at Serial No. 395/396 of the list.

It is contended that the company has submitted the Bank Statements before the Registrar of Companies for the Financial Year 2016- 17 to 2019-

2020 and certain statutory documents namely, notice and directors report audited balance sheet, profit and loss account and annual return. Copy of

Auditors report attached Annexure A-11 and Bank statements of the company for the year ended at 31.03.2016 to 31.03.2019 attached with the main

petition as Annexure A-12.

It is submitted that the petitioner company, with its registered office in the Kangra, Himachal Pradesh, for the reason of not having professional

acquaintance or expertise in law consistently faced an issue in monitoring and observing the non-compliance done on the part of the consultant

(Chartered Accountant being in the capacity of Compliance Auditor of the company) thus, the annual returns and financial statements could not be

filed. For the aforesaid reason, the company could not adhere to the legal requirements and pre-requisites of the law which was completely

unintentional and it will be unfair to the company and its creditors if the name of the company is struck off. Hence, the petitioner prayed for passing of

an order for restoration of the name of the Appellant Company.

Notices were issued to the Registrar of Companies, Himachal Pradesh and IT Department. The Registrar of Companies, Himachal Pradesh has

submitted a report that it has no objection if the name of company is restored to the “Register of Companies†under the provision of 252(3) of the

Companies Act, 2013, provided the petitioner company files all the pending statutory annual documents for Financial Year 2010-2011 to 2016-2017

documents, all the dues, annual returns, and balance sheets along with the requisite fee and additional fee as prescribed in the Rules.

It has been stated by the IT Department that as of now, no demand is outstanding against the Assesse Company as per AST/ITBA/e-filing portal.

Further, it is stated that the company is neither a shell company nor any illegal transaction has taken place in the company. The Appellant has

submitted a copy of bank statements representing the current account transactions of the company maintained in State Bank of India for the period of

31.03.2016 to 31.08.2018, 31.03.2016 to 31.08.2017, 31.03.2016 to 31.08.2017, 01.04.2017 to 31.03.2018, 08.02.2018 to 31.03.2018, 02.04.2018 to

31.03.2019, 09.11.2018 to 31.03.2019 and filed IT returns from Assessment Year 2011-12 to 2019-20 which representing the continuous operational

performance of the company. The same is attached with the main petition and marked as Annexure A-12 and A-7 respectively. After considering the

submissions of the learned counsel on behalf of petitioner and on a perusal of the report of Registrar of Companies, Himachal Pradesh, the audited

accounts submitted by the petitioner company and other documents placed on record, this bench holds 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.

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

following terms:-

a. The Registrar of Companies, Himachal Pradesh, the respondent herein, 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 Petitioner company is directed to file all pending statutory documents including annual accounts and annual returns for the period from 2010-11

to 2016-17 onwards along with prescribed fees/additional fee/fine as decided by Registrar of Companies, Himachal Pradesh within 45 days from the

date on which its name is restored on the Register of Companies maintained by the Registrar of Companies, Himachal Pradesh.

c. The petitioner is directed to deliver a certified copy of this order to the Registrar of Companies, Himachal Pradesh within thirty days of the receipt

of this order.

d. On such delivery and after due compliance with the above directions, the Registrar of Companies is directed to publish the order in the official

gazette under his office, name and seal.

e. 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, Himachal Pradesh to take appropriate action in accordance with law, for any other violation/offences, if any

committed by the Petitioner Company prior to or during the period when the name of the company remained struck off.

f. This order will be subject to payment of costs of ₹10,000/- (Rupees Ten Thousand Only) to be paid in favour of “Pay and Accounts Officer,

Ministry of Corporate Affairsâ€​ within three weeks from the receipt of the duly certified copy of this order.

The CP No. 143/Chd/HP/2020 is disposed of accordingly.

The Registry is directed to send e-mail copies of the order forthwith to all the parties including the counsel.

Urgent certified copy of this order, if applied for, be issued upon compliance with all requisite formalities.