M/s. Acro Fire Solutions Private Limited vs Registrar of Companies, Mumbai

Kuldip Kumar Kareer, Member (J)]

This present Petition has been filed under Section 252 of the Companies Act, 2013 (hereinafter referred to as “The Act”) by Applicant, M/s. Acro Fire Solutions Private Limited, seeking relief against the respondent, inter-alia, to restore the name of the company in the Registrar of Companies maintained by the Registrar of Companies, Mumbai.

The name of the Company was struck off from the Register on account of the reasons that the subscribers to the memorandum of petitioner company have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and declaration to this effect. Company had made defaults to comply with the statutory compliances under the Companies Act, 2013 by not filing its form 20A for a continuous period of more than a year and had also not made any application within such period for obtaining the status of Dormant Company under Section 455 of the Act. Consequently, the ROC has published a public notice for striking off and dissolution of Company i.e. STK-7 dated 21th November, 2022.

Submissions from the Petitioner:

It is submitted that the company was incorporated on 15.09.2020 under the Companies Act, 2013. The ROC Mumbai has struck off the company mainly on the ground that the company did not file FORM INC 20A within 180 days from the incorporation of the Company pursuant to Section 10A of the Companies Act, 2013.

It is further submitted that the Company now has all the documents ready and prepared and is willing to file the same before the ROC, if so permitted. Further the Company is wiling to file any other necessary document which are required by the ROC.

Submissions from the Respondent/ROC:

The Respondent/ROC has filed a detailed report with this Tribunal explaining the sequence leading to the striking-off of the company. The Respondent side issued STK-1 notice to the Company on the ground that the Company committed defaults in complying with the statutory compliances under the Companies Act, 2013 by not filing its statutory returns for a continuous period of more than one years and has not made any application within such period for obtaining the status of Dormant Company under Section 455 of the Act. Therefore, the Respondent issued public notice on its web site maintained by the Ministry vide STK-5 dated 01.10.2022.

In addition to the publication of the name of the company on web site of the Ministry, the name of the company was also published in official gazette on 17.12.2022 and in leading English Newspaper (Times of India) and a vernacular language newspaper (Maharashtra Times-Marathi) on 23.09.2022 seeking objections against the proposed striking off of the name of company from the records of Registrar of Companies. The Respondent has further submitted that in absence of any representation against the proposed strike off action, the Registrar struck off the name of the company on 21.11.2022 and the order was published on the website of the Ministry vide STK 7 on 21.11.2022.

FINDINGS

The facts and circumstances of the case show that the relevant documents, which are required to be filed, are ready with the Company and the Company is willing to file the same, if so permitted.

The Petitioner has enclosed the Audited Annual Accounts for the year 2021-2022 with the petition to demonstrate that the company is in continuous operation.

Hence, 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 Company in the Register of Companies maintained by the ROC.

Accordingly, this Petition is allowed. The restoration of the Company's name to 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 and further it will be subject to payment of costs of Rs. 25,000/- to be paid online through Bharat Kosh to the concerned ROC, as and when the order gets uploaded on the site of this Tribunal. Consequentially thereupon, the Bank Account/s, if freezed, shall get defreezed and shall be allowed to be operated by the Company.

The Registrar of Companies, Mumbai shall give effect of this Order only after perusal of the Compliance report of cost imposed. The Company 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.

CA No. 270/2023 filed in the present company petition is disposed of as rendered infructuous.