Tribunals and CommissionsDivision Bench(2020) 07 NCLT CK 0041

R C Puri Petrochemicals Pvt. Ltd vs Roc

National Company Law Tribunal · Decided on 30 July 2020

HON’BLE JUDGES
Suchitra Kanuparthi, J · Chandra Bhan Singh, Member (Technical)
RESULT
Disposed Of
CASE NUMBER
Company Petition No. 158/Mb Of 2020

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Judgment

6 paragraphs · 429 words
1.

This Petition has been filed by R C Puri Petrochemicals Pvt. Ltd. under Section 252 of the Companies Act, 2013 (hereinafter as "Act") praying for restoration of the Company's name in the Register maintained by the Registrar of Companies, Mumbai (hereinafter as "RoC"). In this hearing, the Petitioner was represented by Mr. P. S. Thakre, Company Secretary whereas from the RoC side, Ms. Yogini D. Chauhan, Dy RoC appeared before this Bench. The RoC has no objection if the petition is allowed by this bench.

2.

The Learned Representative for the Petitioner submits that the Company was incorporated on 30.12.2003. The Company could not file the financial statements for the F.Y. 2016-17 to 2018-19, i.e., for 3 years with the RoC due to inadvertence.

3.

The professional representing the petitioner submits that there is a default of three years and the company owns land in Khapoli and also mentions that the Directors are disqualified. However, the professional prays that the company may be restored only for the limited aspect to comply with all its compliances. After hearing the professional, this Bench directs that after compliance, they will go in for voluntary strike off under Sec 248(2) of the Companies act 2013 and seek dissolution of the Company.

4.

This Bench heard the concerned Parties. Upon considering the facts and circumstances of this present Petition, this Bench is of the view that it would be just and proper to order restoration of the name of the Petitioner Company in the Register of Companies maintained by the RoC.

5.

Accordingly, this Petition is Allowed and the restoration of the Petitioner Company's name, i.e., M/s. R C Puri Petrochemicals Pvt. Ltd. in the Register of Companies maintained by the RoC, is hereby ordered, with a direction that the Company shall comply with the Provisions of the 30,000/- to be paid online through Bharat Kosh in favour of "Pay and Accounts Officer, Ministry of Corporate Affairs, Mumbai" within 7 days from the receipt of the duly certified copy of this Order, to this office. Consequentially thereupon the Bank Account/s, if freezed, shall get defreezed which can be operated by the Petitioner Company.

6.

This Petition is disposed of on the terms directed above. The RoC shall give effect to this Order only after perusal of the Compliance report of cost imposed. The Company, i.e., M/s. R C Puri Petrochemicals Pvt. Ltd. is directed to file all the required documents and shall fulfil other relevant statutory compliances within 30 days from Restoration of its name in the Register of Companies maintained by RoC.