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Judgment
MA No.02/2023
This application has been filed under Section 5 of the Limitation Act, seeking condonation of delay in filing the present appeal under Section 252(1) of the Companies Act, 2013. The notice in the MA is issued and accepted by the Ld. Counsels for ROC & IT Deptt.
It is averred in the application as well as stated by the Ld. Counsel representing the Applicant that the name of the company was struck off with effect from 31st March, 2017 and the STK 5 was accordingly issued.
Ld. Counsel representing the ROC states that as per previous order dated 1st November, 2023, an affidavit has been filed on behalf of the ROC, thereby attaching the gazette notification annexure no.1 and in the said affidavit at para no.8, it has been stated that after the STK 5, notice was issued to the company, the said STK 5 notice was published in the gazette dated 12th May, 2017.
In view of the aforesaid affidavit, the Ld. Counsel representing the Petitioner/Applicant states that the delay therefore, is to be reckoned only from 31st March, 2017 onward and the delay has occurred due to the reasons stated in sub para no. (ii) & (iii) of the application which are as under:-
ii) That the Petitioner Company had engaged services of a Company Secretary for some work related to the Company, in October 2021, whereinafter it was informed that the name of the Petitioner Company had been struck off due to non-filing of the annual accounts and returns, as per the Company/LLP Master data of the Petitioner Company available on the website of the Ministry of Corporate Affairs.
iii) That thereafter on further enquiry with the office of the Registrar of Companies, the petitioner company got to know that the name of the petitioner company was struck off vide notice dated 31.3.2017 issued under Section 248(1) of the Companies Act, 2013. However, the neither the petitioner nor any of its directors ever received any notice as mandated under Section 248(1) of the 2013 Act and also no opportunity of hearing was ever provided to them before passing of the notice dated 31.3.2017.
In view of the averments made in the application as well as the submissions made by the Ld. Counsel representing the Applicant/Petitioner the aforesaid MA is allowed and the delay in filing the application beyond three years is condoned, subject to the payment of cost of Rs.25,000/- to be paid in the Prime Minister’s National Relief Fund within a period of two weeks. The proof of the deposit of the said cost would also be made available with the Registry of this Tribunal.
The reply/ report on behalf of the ROC be also filed within a period of two weeks.
The Matter is adjourned for further consideration of the main case on 1st February, 2024, before the Regular Bench.