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Judgment
CA Riteshkumar Kirtikumar Shah, Ld. Authorised Representative for the Petitioner present. Mr. Shivraj Ranjeri from RoC appeared through VC.
This Company Appeal is filed on 01.02.2023 by the company viz. Parth Texpro Private Limited (CIN: 17299MH2020PTC343030), under Section 252(1) of the Companies Act, 2013 through its director; Ms. Anjali Goda, praying for restoration of the name of the Company to the Register of Companies maintained by the Registrar of Companies, Mumbai.
The Appellant submits that the company was incorporated on 01.08.2020 under the Companies Act, 2013 as a private company limited by shares with the Registrar of Companies, Mumbai, Maharashtra. There are two directors in the company viz. Mr. Vipul Rameshchandra Goda (DIN: 08817854) and Mrs. Anjali Vipul Goda (DIN: 08817855) as per MCA Master Data.
The grievance of the Appellant Company is that the Respondent, Registrar of Companies, Mumbai struck off the name of the Petitioner Company from the Register of Companies maintained by them by issuing notice in Form STK-1 dated 01.07.2022 for removal of the name of the Company from the Register of Companies under section 248(1) of the Companies Act, 2013 and rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 due to defaults in statutory compliances, namely, subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under subsection (1) of section 10A.
The Appellant Company submits that the Company has been functioning since its incorporation. As submitted by the Appellant, the Company was given to know that the Annual Returns and Balance Sheet of the company are not filed with the RoC from its inception i.e. from 2020-21 onwards.
The Appellant Company has stated that the Audited Accounts for the Financial Years from its inception is ready for filing. Also filed copy of Income Tax Return for the Assessment years 2022-23 and 2023-24. It is further noted that the Company has not filed the Annual Returns and Balance Sheet with the RoC for the two years i.e. since inception till the filing of the Appeal.
The Respondent has filed its report and states that the name of the Company was struck off as the company was not filing its statutory returns for a continuous period of more than two years. Also, observed that if the Petitioner proves that it is carrying business, this Tribunal at its discretion, may allow the petition imposing exemplary costs.
Upon perusal of the Petition and the Report of Registrar of Companies, Mumbai, Maharashtra and other documents placed on record, the Bench is of the considered view that the company is fit for restoration.
Given the above facts and circumstances, we are satisfied that the Company Appeal deserves to be allowed.
Accordingly, Company Appeal bearing No.: CA-97(MB)/2023 filed by the Appellant; Parth Texpro Private Limited through its Director; Ms. Anjali Goda, under Section 252 of the Companies Act, 2013, seeking restoration of the Companys name in the Register of Companies maintained by the Registrar of Companies, Mumbai, Maharashtra is allowed on the following terms:-
(a) The Respondent Registrar of Companies, Mumbai, is directed to restore the name of the Appellant Company, viz. Parth Texpro Private Limited, to the Register of Companies subject to payment of a sum of ₹50,000/-(Rupees Fifty Thousand only) as cost to be paid online through Bharatkosh in favour of Pay and Accounts Officer, Ministry of Corporate Affairs, Mumbai within thirty days from the date of receipt of a copy of this Order; and
(b) Upon such restoration, the Petitioner Company pay the pending subscriptions and shall file all its pending financial statements and Annual Returns with all the applicable fees and late fees with the Respondent Registrar of Companies within thirty (30) days from the date on which the name of the Company is restored to the Register; failing which, this order will stand vacated automatically.
Upon restoration of the name of the Petitioner Company to the Register of Companies after complying with the terms mentioned above, the Registrar of Companies, Mumbai, Maharashtra, shall issue appropriate communications to the bank authorities for de-freezing the accounts of the Petitioner Company.