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Judgment
Bachu Venkat Balaram Das, Member (Technical)
This is an appeal filed under section 252(3) of the Companies Act, 2013 by the Appellant Company in relation to an order of striking off the name of the Appellant Company passed by the Respondent with effect from 08.08.2018 under the provisions of Section 248 of the Companies Act, 2013.
The Appellant Company was incorporated on 20.02.2001 under the provisions of Companies Act,1956 and has its registered office at H. NO. 93 AB 94 AB S/Floor, West Vikas Vihar, Vikas Nagar, Uttam Nagar, Delhi-110059.
That the name of the Appellant Company was Struck off from the Register of Companies as maintained by the Registrar of Companies, NCT of Delhi & Haryana, vide its Notice of Striking Off and Dissolution No. ROC/DELID/248(1)(d)/STK-7/6869 dated 13/12/2022.
That the Appellant Company was unable to file Form INC-20A with Registrar within 180 days of the Incorporation of the Appellant Company with the Registrar of Companies (RoC) for the Financial Year ending 2022.
Due to above discrepancy and inability to file such form, the Registrar of Companies had changed the status of Company from "Active to Strike off' as per the provision of Section 248 read with 252 of the Companies Act, 2013.
That since its incorporation in the year 2021, the Appellant Company has duly complied with all the regulatory compliances and has periodically filed/submitted all its Income Tax Returns under the Income Tax Act, 1961 with the Income Tax Department, Government of India and the Income Tax filing is complete up to the Assessment Year 2022-23 (For Financial Year 2021-22) and GST filing is also complete till date.
That the Appellant Company is actively doing its business activities which is also clear from the fact that the Appellant Company is maintaining its current account with ICICI Bank, Rajinder Nagar Branch, New Delhi (Current Account Number-036405004468) and doing day to day business transactions from the said current account.
The Appellants Company has duly filed the Income Tax Returns for the financial year ended 31st March, 2022 with the Income Tax Department.
Upon notice to the Registrar of Companies (“RoC”), the RoC failed to appear and submit any report despite multiple opportunities.
We have considered the plea of the Appellant. The Appellant is seeking restoration of its name in the register as maintained by RoC relying on the ground that the Appellant as on date is actively doing business and it is just that the name of the Company should be restored on the register of RoC as maintained by the Respondent.
In connection with the non-filing of statutory records, it is pertinent to refer to the findings of Hon’ble High Court of Delhi in the matter of Mace Platronics Pvt Ltd Vs ROC, reported in (2010) 104 SCL 277 (Del), wherein it was held that:
“When the name of the company was struck off after following the prescribed procedure for non-filing of statutory records, even though the contentions of the company that the officials entrusted with responsibility of filing documents had failed to do so cannot be accepted yet since the company was a running company and the application had been filed in time, the court had power to restore the name of the company.”
Accordingly, the appeal is allowed subject to payment of costs of Rs. 25,000/- to the Registrar of Companies. The restoration of the Struck off Company’s name in the Register will be subject to their filing all outstanding documents for the defaulting years as required by law and completion of all formalities, including payment of any late fee or other charges which are leviable by the Respondent for the late filing of statutory returns. The direction for freezing the bank account(s) of the Appellant Company, if on this ground, shall consequently be also set aside immediately to enable the company to carry out its business operation. The name of the Struck off Company shall then stand restored in the Register of the RoC, as if the name of the company had not been struck off.
The application is disposed off accordingly. Let a copy of the order be served to the parties.