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Judgment
Rohit Kapoor (Judicial):
1) This Company Petition has been filed by Mohammad Tanweer Ali Imam, one of the shareholders of the Company viz., Naresco Developers Private Limited u/s 252(3) of the Companies Act, 2013 for restoration of name of the struck off company in the register of companies, maintained in the office of the Registrar of Companies, Bihar. The name of the Company has been struck off from the register maintained by the Registrar of Companies (ROC), Bihar (respondent no. 1 herein). The Registrar of Companies issued the notification under section 248(1) and under section 248(5) in the official Gazette dated 29.06.2018 and 04.09.2018 respectively. It is stated that the name of the Company was struck off on 04.09.2018.
2) It is contended that the Company had not filed the Financial Statements and Annual Returns of the Company since 2014 due to internal disputes in the management of the Company and has produced copies of the Financial Statements for the financial year 2014-2015,2015-2016, 2016-2017, 2017-18, 2019-20. 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.
3) Notices were issued to the Registrar of Companies, Bihar. The Registrar of Companies, Bihar has submitted its report. It has been 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, Bihar has struck off the name of the company from the register.
4) Further, the Income Tax Department, Patna has sent a report dated 20.01.2022 to this Tribunal wherein the following has been reported:
“ No, any proceeding under the I.T. Act, 1961 or at any appellate levels are pending in the above case”
Further, it has been reported that outstanding demand of Rs. 19,550/- for the A.Y. 2018-19 against the petitioner assessee company which has raised in consequence of order passed u/s.154 of the I.T Act, by CPC.
5) On perusal of documents, we are satisfied that the company was a going concern and doing business on the date of striking off its name. The ROC, Bihar has not objected to this application for restoration of the name of the company. Therefore, the Company Petition deserves favorable consideration.
6) 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:
a) The Registrar of Companies, Bihar the respondent herein, is directed to restore the original status of the petitioner company 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) This restoration is without prejudice to the right of the Income Tax Department to recover its dues, if any, against Naresco Developers Private Limited.
c) The Petitioner Company is directed to file all pending statutory documents including Annual returns for the period 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-19, 2019-20, 2020-21 along with prescribed fees/additional fee/fine as decided by Registrar of Companies, Bihar within 45 days from the date on which its name is restored on the register of companies maintained by the Registrar of Companies, Bihar.
d) The restoration of the Company’s name is also subject to the payment of cost of ₹70,000/- (Rupees Seventy Thousand only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as “Payment of cost for restoration of company pursuant to orders of NCLT in CP/140(KB)/2021”.
e) The petitioner is directed to deliver a certified copy of this order with Registrar of Companies, Bihar within thirty days of the receipt of this order.
f) On such delivery and after due compliance with the above directions, the Registrar of Companies, Bihar is directed to publish the order in the Official Gazette under his office name and seal;
g) 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, Bihar to take appropriate actions in accordance 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.
7) The CP/140(KB)2021 is disposed off accordingly.
8) The Registry is directed to send e-mail copies of the order forthwith to all the parties inclusive of the Counsel.
9) Urgent certified copy of this order, if applied for be issued upon compliance with all requisite formalities.