Resurge Management Consultant Private Limited vs Registrar Of Companies, Goa, Daman And Diu

Ravikumar Duraisamy, Member (T)

This present Petition has been filed by RESURGE MANAGEMENT CONSULTANT PRIVATE LIMITED through its Director, Mrs. Meenakshi Sharma, DIN- 00192598 under Section 252 of the Companies Act, 2013 (Act) praying for restoring the name of the company in the Register maintained by the Registrar of Companies, Goa, Daman & Diu (RoC).

The Petitioner submits that the company was incorporated on 13.06.2006 having CIN: U74140GA2006PTC004684 under the Companies Act, 1956. The Petitioner submits that the Petitioner company has been incorporated inter alia to carry out the following objects:

"Providing manpower, outsourced staffing, trainings, even management, promotions, advertising, public relations, educational consultancy, counseling, coaching, e-learning and e-tutoring software development and human resource management services. "

The Company has failed to file its Financial Statements and Annual Returns for the Financial Years 2014-15 to 2016-17. Therefore, the RoC, Goa, Daman & Diu, formed an opinion that the Company is not carrying on any business and also it has not applied to declare itself as Dormant Company under section 455 of Companies Act, 2013. On such presumption that the Company is not carrying on any business or operation, the RoC struck off the name of the Company from the Register of Companies under Section 248 of the Companies Act, 2013.

The Petitioner Company submits that the Company is active from its incorporation and also maintaining all the documents as per the provisions of Companies Act, 1956. The Petitioner Company has submitted the audited accounts for the Financial Year ended 31.03.2015, 31.03.2016 and 31.03.2017. The Petitioner Company has also enclosed copy of the bank statement of Bank of India and copy of the Acknowledgement of Income-Tax Returns filed with the Income-Tax Authorities for the Assessment Year 2017-18.

The Respondent RoC filed his Affidavit in reply dated 08.01.2020 explaining the following sequence of events leading to the striking of the name of the company:

(a) The Respondent side issued Notice in Form STK-1 dated 06.03.2017 to the company and its directors informing the intention of the RoC to strike off the name of the Company and requesting them to submit a cause contrary to the said action within thirty days.

(b) It is submitted that the representation received by this office against the strike off action is 'None'.

(c) Respondent issued notice under sub section (5) of Sec 248 of the Companies Act on 7.4.2017 and further submits that in the absence of any representation against the proposed strike off action, the RoC struck off the name of the company and the dissolution order was published on the Official Gazette and website of the Ministry vide STK-7 on 13.07.2017.

Upon perusal of the audited accounts and other documents submitted by the Petitioner Company, the Bench is satisfied that the Company is carrying on its business/operation. It is observed that the Petitioner Company has generated Total Revenue to the tune of Rs. 8,60,294/-, has Total Current Assets of Rs. 41,32,192/-, has Total Non-Current Assets of Rs. 7,18,567/- and has incurred Total Expenses of Rs. 8,75,515 including Employee Benefit Expenses of Rs. 2,73,399/- for F.Y. 2015-16. Further, the Company has generated Total Revenue to the tune of Rs. 2,49,845/-, has Total Current Assets of Rs. 40,31,125/-, has Total Non Current Assets of Rs. 3,50,457/- and has incurred Total Expenses of Rs. 2,72,496/- for F.Y. 2016-17. The company had Rs. 17.41 lakhs and 17.48 lakhs as Reserves and surplus for the years 2016-16 and 2016-17 respectively.

As observed above, the books of the Petitioner Company reflect that the Company is carrying on its business, therefore, in the interest of justice; the name of the company deserves to be restored in the Register of Companies maintained by the Respondent RoC.

Given the above facts and circumstances, we are satisfied that the prayer sought by the Petitioner company deserves to be allowed Company Appeal/ Petition No. 4599/252/(MB)/C-IV/2019 filed by Appellant/ Petitioner RESURGE MANAGEMENT CONSULTANT PRIVATE LIMITED, CIN:U74140GA2006PTC004684 through its Director Mrs. Meenakshi Sharma, (DIN-00192598) seeking restoration of the company's name in the Register of the Companies maintained by the RoC, Goa, Daman and Diu is allowed with the following terms.

Accordingly, the Respondent RoC is directed to restore the name of the Petitioner company in the Register of Companies subject to payment of a sum of Rs. 25,000/- (Rupees Twenty Five Thousand) only as cost payable to the account of "PM CARES Fund" within 30 days from the date of receipt of a copy of this order.

The company shall file all its pending financial statements and Annual Returns with all the applicable fees and late fees with the Respondent within thirty days from the date of receipt of a copy of this order, failing which, this order will stand vacated automatically.