Registrar Of Companies Bihar vs M/S. Jai Jagdambey Contractors Private Limited

Balraj Joshi, Member (T)

This is an appeal preferred by the Registrar of Companies, Bihar under Sec.252 (1) second proviso of the Companies Act, 2013 for restoration of the name of the company M/S. JAI JAGDAMBEY CONTRACTORS PRIVATE LIMITED in the register of Registrar of Companies, Bihar.

Ld. Counsel for the appellant appears.

The appellant contends that the name of the Respondent company had been inadvertently struck off by the ROC, W.B., by publication of STK-7 on 14.07.2017 to the application being allowed in compliance of the provisions of the Companies Act, 2013 thereby the name of the respondent company had been inadvertently removed from the Register of Companies and the said company was dissolved.

The appellant submits that the instant petition is filed within limitation due to the order passed by the Hon’ble Supreme Court in Suo Moto Writ Petition (Civil) No. 3 of 2020.

Upon hearing the arguments advanced on the side of the appellant, we are satisfied that the name of the respondent company is required to be restored to the Register of Companies.

In the result, the appeal is allowed by restoring the name of the company in the register of Registrar of Companies, Bihar with a direction to modify the status of the company from "struck off” to 'active' within 30 days from the date of receipt of this order.

Appeal No. 238/KB/2021 is allowed and disposed of.

There shall be no order as to costs.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.