Manoj Majumder vs Registar Of Companies West Bengal

@JUDGMENT-JUDGMENT

The petitioner has filed this revisional application under Article 227 of the Constitution of India, being aggrieved by an order dated October 15, 2019 passed by the National Company Law Tribunal, Kolkata Bench, in appeal no.729/KB/2019.

By the order impugned, the learned Tribunal dismissed the appeal filed by the petitioner under Section 252(3) of the Companies Act, 2013.

The appeal before the Tribunal was filed by the Company, MPH Infrastructure Pvt. Ltd., for restoration of the name of the petitioner in the Register of the Companies, West Bengal. The petitioner is the shareholder of the private limited Company, carrying on business in real estate. The Registrar of Companies in exercise of power struck off the name of the Appellant Company conferred upon the Registrar of Companies under Section 248 of the Companies Act, 2013.

The learned Tribunal dismissed the appeal, inter alia, holding that on the basis of the report filed before it, it had reasons to believe that the Company was carrying on any business or any operation for the last two years.

There are factual findings in the order of the learned Tribunal to the effect that the Company was incorporated on December 26, 2012, admittedly, the Company committed default in the annual financial statements. Since its incorporation that the Company did not apply for obtaining the status of the government company. That records including balance sheets and financial statements revealed that the Company was neither in operation nor doing any business on the basis of the factual findings. The learned Tribunal was of the opinion that as the Company which was not doing any business on the date of the name of the Company was struck off, there was every possibility of siphoning of the fund, evading tax or indulging in lawful business.

The jurisdiction of this Court has been invoked under Article 227 of the Constitution of India on the grounds that the certified copy of the order impugned has not been sent by the National Company Law Tribunal, Kolkata Bench to the petitioner, that the Registrar of Companies failed to pass an order recording his satisfaction in terms of Section 248(6) of the Companies Act, 2013, that the balance sheet of the Company indicated that the Company was in running condition.

According to the learned Advocate for the petitioner, the learned Tribunal erroneously assumed jurisdiction and dismissed the appeal.

Section 421 of the Companies Act.2013 states that : either one of the parties or both the parties to the proceeding who are aggrieved by the order of the Tribunal shall file an appeal to the appellate Tribunal.

This Court in exercise of power under Article 227 of the Constitution of India can interfere with an order of a Tribunal or Court if there are violation of principles of natural justice, error of jurisdiction or error on the face of the record or violation of fundamental rights. Just because there may be a mistake in the order impugned or a different view was possible could not be good grounds for interference with under Article 227 of the Constitution of India in the existence of an alternative remedy. In this case, exceptions provided in several judicial decisions with regard to interference under Article 227 of the Constitution of India despite existence of an alternative remedy do not exist. In this case the remedy of the petitioner lies in an appeal.

Under such circumstances, this revisional application is dismissed.

The petitioner shall be at liberty to apply for certified copy of the order impugned, if the same has not been applied for or supplied.

The petitioner shall also be at liberty to prefer an appeal before the appropriate Bench of the National Company Law Tribunal.