Rotoline Tanks Private Limited vs Registrar Of Companies Jharkhand

Bidisha Banerjee, Member (Judicial)

This Company Petition has been filed by one of the Shareholders of the petitioner company, M/s. Rotoline Tanks Private Limited (struck off) under Section. 252(3) of the Companies Act, 2013 for restoration of name of the struck off company in the register of companies, maintained in the office of the Registrar of Companies, West Bengal. It is stated that the name of the Company was struck off on 19.10.2022.

It is contended that while the Ld. Counsel of the above-mentioned Company want to file/upload the balance sheets and annual returns of the Appellant /Petitioner Company with the respondent, the said forms could not be filed / uploaded as it shows that the name of the company was Strike Off. The representative of the Appellant / Petitioner went to the office of the respondent to enquire about the filling of balance sheets and annual returns of the said company with the respondent, the respondent informed that the name of the said company has already been struck off from the file register maintained by the Register of Companies, West Bengal.

Notices were issued to the Regional Director, Eastern Region, the Registrar of Companies, Jharkhand, and the concerned Income Tax Authorities. The Registrar of Companies, Jharkhand has submitted its report at the Registry with copy to the petitioner. 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, Jharkhand has struck off the name of the petitioner company from the register maintained by the Registrar of Companies, Jharkhand.

ROC, Jharkhand has not objected to this application for restoration of the name of the petitioner company. on perusal of documents, we are also satisfied that the petitioner was a going concern and doing business on the date of striking off its name. Therefore, the plea raised in the Company Petition deserves consideration. Accordingly, the Company Petition is to be allowed upon payment of necessary cost as it would meet ends of justice.

Accordingly, in exercise of the powers conferred on the Tribunal under Section 252 of the Companies Act, 2013, the petition is allowed on the following terms:

(a) The Registrar of Companies, Jharkhand, 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 2021-22 along with prescribed fees/ additional fee/fine as decided by Registrar of Companies, Jharkhand within 45 days from the date on which its name is restored on the register of companies maintained by the Registrar of Companies, Jharkhand;

(c) The restoration of the Company's name is also subject to the payment of cost of Rs. 10,000/- (Rupees Ten Thousand only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "Payment of cost for revival of company pursuant to orders of NCLT, Kolkata Bench in C.P. No. 104/KB/2023";

(d) The Petitioner is directed to deliver a certified copy of this order with Registrar of Companies, West Bengal 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, Jharkhand 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, Jharkhand 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.

C.P. No. 104/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.