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Judgment
Dr. Deepti Mukesh, J
The present appeal is filed by Ms. Paramount Facilities Management Services Private Limited (for brevity the ‘Company’) through and by its
director, under Section 252(1) 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 (1) of the Act, issued vide bearing No. ROC/DELHI/248(5)/STK-7/2879 dated on 30.06.2017 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 16.03.2010 with CIN U74900 DL2010 PTC200235, having its registered office situated at 301, Odeon
Plaza-II, Plot No.- 13, Sector- 10, Central Market Dwarka, New Delhi, South West Delhi- 110075, within the jurisdiction of this Tribunal.
The Authorized Share Capital of the company is Rs. 1,00,000/- divided into 10,000 equity shares of Rs. 10/- each. The issued, subscribed and paid
up share capital of the Company is Rs. 1,00,000/- divided into 10,000/- equity shares of Rs. 10/- each, as per the Master Data Annexed.
The main objects of the company are:
(a) To carry on the business of providing Security Guards, Industrial Guards, House Keeping personnel’s whether skilled, semi-skilled
or unskilled or, with arms or without arms anywhere in India and subject to the permission of Reserve Bank of India, outside India to any
institution, concern society, body corporate, association whether incorporate or not department or Government- Central as well as State,
public or local authority Trust, industry or any other person or group of person and render services relating to safeguarding the interest of
the owner in property comprising of land, Building, Factory office or residential and other assets, residential houses & societies &
providing persons for security hose keeping of any persons and to undertake all kinds of activities requiring services of housekeeping
personnel’s Security Guards, Man Power, Industrial Guards & investigation, services, Detective services and all other form of
corporate services.
(b) And other main objects.
The Respondent herein had issued Public notice bearing No. ROC/DELHI/248/STK-5/721 dated 27.04.2017. Consequently, Appellant’s name
was struck off vide notice bearing No. ROC/DELHI/248(5)/STK-7/2879 dated on 30.06.2017 (Company’s name appearing at Sl. No. 14397)
whereby name of 22864 companies have been struck off w.e.f. 07.06.2017 from the Registrar of Companies.
As per the ROC, Appellant had not filed its Annual Returns and Balance Sheet for the Financial Years since its Incorporation, 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:
i. The copies of Audited Financial Statements of the company for the period from F. Y. 2014-15, 2015-2016 and 2016-17. The Balance Sheet as on
31.03.2017 reflects Assets in form of Fixed Assets of Rs. 3,11,300/-, Current Assets in form of Cash and Bank Balances of Rs. 22,337/- and
Revenue from Operations Rs. 38,90,200/-. The Revenue from Operations of Rs. 36,32,860/- as on 31.03.2016 is also reflected.
ii. The copy of Bank Statements of the Company in State Bank of India for the period 10.01.2015 to 12.03.2017 showing various transaction details of
the company.
iii. Copies of Income Tax Returns for the Assessment Years 2015-16, 2016-17 and 2017-2018. The tax paid by the company for A.Y. 2016-17 is Rs.
NIL.
iv. Copy of Challan paid of Employees’ State Insurance Corporation dated 05.01.2013.
v. Copy of Certificate of Registration issued by (Quality Management System) issued by KVQA Certification Service Pvt. Ltd. with ISO 9001: 2008
dated 13.07.2012 valid up to 12.07.2015.
vi. Copy of license issued by Government of NCT of Delhi to engage in the business of Private Security Agency, which is valid from 17.07.2015 to
16.07.2020.
ROC has filed its reply on 19.11.2020 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 Income Tax Department has not filed any reply.
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 the 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.