Priyankasanvi Homes Private Limited vs Registrar Of Companies Patna Bihar

Arvind Devanathan, Member (Technical)

This Company Petition has been filed u/s. 252(3) of the Companies Act, 2013 by Mr. Manish Singh Dangi (‘Petitioner’), one of the shareholders of PRIYANKASANVI HOMES PRIVATE LIMITED (‘Struck off Company’), praying for restoration of name of the struck off company in the register of companies, maintained in the office of the Registrar of Companies, Patna, Bihar. The name of the Company has been struck off from the register maintained by the Registrar of Companies (ROC), Patna, Bihar (respondent herein). It is stated that the name of the Company was struck off on 10.10.2022.

It is contended that the Company had not filed the Financial Statements for the financial years ended 2020-2021 and 2021-2022 and Annual Returns of the Company for the financial years ended 2020-2021 and 2021-2022, due to incompetency and irresponsibility of the person authorized to look after the filing of the Company and has now produced copies of the said financial statements.

Notice was issued to the Registrar of Companies, Patna, Bihar. The Registrar of Companies, Patna, Bihar has submitted a report. It was 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, Patna, Bihar has struck off the name of the company from the register.

Registrar of Companies, Patna, Bihar has not objected to this application for restoration of the name of the company. We feel that it is just that the name of the Company is restored. Accordingly, in exercise of the powers conferred on the Tribunal under Section 252 of the Companies Act, 2013, the present petition is allowed on the following terms: -

(a) The Registrar of Companies, Patna, 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) The Petitioner Company is directed to file all pending statutory document(s) including Annual Accounts and Annual returns for the period 2020-2021 and 2021-2022 along with prescribed fees/additional fee/fine as decided by Registrar of Companies, Patna, Bihar within 45 days from the date on which its name is restored on the register of companies maintained by the Registrar of Companies, Patna, Bihar.

(c) The restoration of the Company’s name is also subject to the payment of cost of Rs. 20,000/- (Rupees Twenty 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 C.P. No. 184/KB/2023”.

(d) The petitioner is directed to deliver a certified copy of this order with Registrar of Companies, Patna, Bihar within thirty days of the receipt of this order.

(e) On such delivery and after due compliance with the above directions, the Registrar of Companies, Patna, Bihar is directed to publish the order in the Official Gazette under his office name and seal;

(f) 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, Patna, Bihar to take appropriate action(s) 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.

The C.P. No. 184/KB/2023 is disposed of accordingly.

The Registry is directed to send e-mail copies of the order forthwith to all the parties inclusive of the Counsel.

Urgent certified copy of this order, if applied for be issued upon compliance with all requisite formalities.