M/s U H V Equipments Private Limited vs Registrar Of Companies

The present appeal is filed by M/s U H V Equipments Private Limited (for brevity the ‘Company’), through its director under Section 252 of

the Companies Act, 2013 (for brevity ‘the Act’) against the order of striking off the name of the company, passed by the Respondent under

Section 248(3) of the Act, issued vide notification no. ROC/DELHI/248(5)/STK- 7/4865 dated on 08.08.2018 by Registrar of Companies, the

respondent herein.

The Appellant states that the company was incorporated as a Private Limited Company with the Registrar of Companies, NCT of Delhi and

Haryana under the Companies Act, 1956, on 30.12.1992 with CIN U99999 DL1992 PTC051508, having its registered office at 78, Meera Aptts.,

Patparganj, Delhi, East Delhi- 110092, within the jurisdiction of this Tribunal.

The Authorized Share Capital of the Company is Rs. 10,00,000/- divided into 1,00,000 equity shares of Rs. 10/- each. The issued, subscribed and

Paid up Share Capital of the Company is Rs. 9,50,000/- divided into 95,000 equity shares of Rs. 10/- each, as per the Master Data Annexed.

The main objects of the company are:

(i) To carry on the business of manufacture, sale, purchase, produce, import, export, design, assemble, fit, repair, maintain, and to deal in

ultra high vacuum pump, ultra high vacuum components, ultra high vacuum pumping systems, ian plating plant and systems, RF sputtering

plants and systems, vacuum insulated evaporators, vacuum insulated cryogenic vessels for liquid gases, ultra refrigerated centrifuges, high

vacuum metalizing plant and systems, vacuum coaters, vacuum plasma coaters, vacuum freeze dying equipments, vacuum furnaces, vacuum

impregnation plants and systems and other ultra high vacuum equipments and components.

(ii) And the other main objects.

The Respondent herein had issued Public notice bearing No. ROC/DELHI/248/STK-5/2018/2912 dated 18.06.2018. Consequently, Appellant’s

name was struck off vide notice bearing No. ROC/DELHI/248(5)/STK-7/4865 dated on 08.08.2018 (Company’s name appearing at Sl. No.

22315) whereby name of 24280 companies have been struck off w.e.f. 08.08.2018 from the Registrar of Companies.

As per the ROC, Appellant had not filed its Annual Returns and Financial Statements for the Financial Years 2009-10 to till date, thereby giving rise

to the surmise that the business of the Company was not in operation. Consequently, the name of the Company was struck off in terms of provisions

of Section 248 of the Companies Act, 2013 read with Rule 7 and Rule 9 of the Companies (Removal of Names of Companies from the Register of

Companies) Rules, 2016.

The Appellant has brought forward the following documents about it being in operation and functional during the period of striking off:

(a) The Copies of Audited Financial Statements of the company for the period from F. Y. 2009-19. The Balance Sheet as on 31.03.2018 reflects

Assets in form of Tangible Assets of Rs. 8,90,131/- and Inventories of Rs. 24,01,200/- and Cash and Cash Equivalents of Rs. 2,79,649.48, Expenses in

form of Employee Benefit Expenses of Rs. 9,46,100/- and Revenue from Operations of Rs. 44,27,000/-. The Revenue from Operations of Rs.

4,86,000/-, as on 31.03.2017 is also reflected.

(b) The Copies of Bank Statements of the Company in Punjab National Bank for the period 01.05.2014 to 15.07.2019 showing various transaction

details of the Company and reflecting closing credit balance of Rs. 1,51,334.64 as on 31.03.2018. The Copies of Bank Statements of the Company for

the period 06.05.2014 to 01.11.2018 showing various transaction details of the Company and reflecting closing credit balance of Rs. 865.26 as on

30.07.2018.

(c) The Copy of GST Registration Certificate dated 28.07.2018, also copies of relevant GST returns filed by the Company.

(d) The Copy of report of the Commercial Taxes Department, Uttar Pradesh, issued with respect to the Appellant Company also reflecting the TIN

Registration No. 09988828750 dated 27.06.2014.

ROC has filed its reply and stating that they have no objection if the name of company is restored in the Register of Companies, subject to appellant

filing all its pending statutory documents with the Registrar of Companies till date along with the requisite late filing fee as prescribed under the

Companies Act, 2013.

The grounds contemplated under Section 252 of Companies Act, 2013, are that the Company was carrying on business or was in operation at the

time of striking off its name or where it appears “just†to the Adjudicating Authority that the name of the Company is to be restored to the

Register of Companies and Section 252(1) further contemplates that one of the above three conditions are required to be satisfied before exercising

jurisdiction to restore the company to its original name on the register of the Registrar of Companies.

The Appellant has submitted sufficient evidence that it has been in operation during the period preceding strike off, therefore, it could not be

termed as a defunct company as per Section 252 of the Act. Thus, taking into consideration the provisions of Section 252(1) of the Companies Act,

2013, which vests this Tribunal with a discretion where the Company, whose name has been struck off, and such Company is able to demonstrate that

it is just to do so, can restore the name of the Company, in the Register and in the interest of all stakeholders, including the Appellant itself, who seeks

restoration of the name of the Company in the register maintained by Registrar of Companies, the company deserve to be restored.

Accordingly, this appeal is allowed. The Public Notice of Registrar of Companies, striking off the name of the Company, is hereby declared illegal

and set aside. The restoration of the Company’s name to the Register of Registrar of Companies is ordered subject to its filing of all outstanding

documents with proper filing fees along with additional fees required under law and completion of all formalities, including payment of any late fee or

any other charges which are leviable by the Respondent for the late filing of statutory returns, and also subject to payment of Rs. 25,000/- to be paid to

Prime Minister’s Relief Fund. The name of the Appellant Company shall, then as a consequence stand restored to the Register of the Registrar of

Companies, as if the name of the Company had not been struck off in accordance with Section 248(1) of the Companies Act, 2013.

The Appeal stands allowed and disposed of in the above terms.

Let the copy of the order be served to the parties.