M/s D Con Hospitality Project Private Limited vs Registrar of Companies, West Bengal

Balraj Joshi, Member (Technical)

This Company Petition has been filed by one of the Shareholders of the petitioner company, M/s D-Con Hospitality Project Private Limited, (struck off) u/s. 252(3) of the Companies Act, 2013 for restoration of name of the struck off company in the register of the companies, maintained in the office of the Registrar of Companies, West Bengal. It is stated that the name of the Company was struck off on 31-10-2019.

It is contended that the Company has not filed the Financial Statements and Annual Returns for the financial years ended on 2016-2017,2017-2018,2018-2019, 2019-2020 and 2020-2021 due to inadvertence and has now produced copies of the said financial statements. It is contended that as per financial year ended on 31/03/2021, the Company has Long terms borrowings of Rs.66,00,000/-Current liabilities of Rs.66,300/- and Short term loans and advances of Rs.52,414/- and it shall not be fair to the Creditors of the Company if name is not restored. Upon the said contentions, the Ld. Counsel for the petitioner prayed for passing of an order for restoration of the name of the appellant company.

Notice was issued to the Registrar of Companies. The Registrar of Companies, West Bengal has submitted its report at the Registry with copy to the petitioner. It was stated in the report that only after compliance of the requirements to be met under Section 248 of the Companies Act, 2013, Registrar of Companies, West Bengal has struck off the name of the petitioner company from the register maintained by the Registrar of Companies, West Bengal.

The ROC, West Bengal has not objected to this application for restoration of the name of the petitioner company and we also feel that it is just & equitable that the name of the Company is restored. Accordingly, the Company Petition is to be allowed upon payment of cost of Rs. 50,000/- (Rupees Fifty Thousand only), which would meet ends of justice.

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

ORDERS

(a) The Registrar of Companies, West Bengal, the respondent therein, is directed to restore the original status of the petitioner Company to the register of the companies, 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 the pending statutory document(s) including financial Statements and Annual Returns & other documents for the financial years ended on 2016-2017,2017-2018,2018-2019,2019-2020 and 2020-2021 along with prescribed fees/ additional fee/fine as decided by Registrar of Companies, West Bengal within 30 days from the date on which its name is restored on theregister of companies maintained by the Registrar of Companies, West Bengal;

(c) The restoration of the Company's name is also subject to the payment of cost of Rs. 50,000/- (Rupees Fifty Thousand Only) through on line payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "Payment of cost for revival of company pursuant to orders of NCLT, Kolkata Bench in C.P. No. 242/KB/2022".

(d) The Petitioner is directed to deliver a certified copy of this order with Registrar of Companies, West Bengal within thirty days of the receipt of this order;

(e) On such delivery and after due compliance with the above directions, the Registrar of Companies, West Bengal is directed to publish the order in the Official Gazette under his office name and seal;

(f) 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, West Bengal to take appropriate action(s) inaccordance with law, for any other violations / offences, if any, committed by the petitioner company prior to or during the period the name of the Company remained struck off.

The C.P. No. 242/KB/2022 is disposed of accordingly.

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

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