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Tribunals and CommissionsDivision Bench(2021) 10 NCLT CK 0022

Saurabh Kapoor vs Registrar of Companies

National Company Law Appellate Tribunal · Decided on 8 October 2021

HON’BLE JUDGES
Abni Ranjan Kumar Sinha, Member (J) · K.K. Vohra, Member (T)
RESULT
Disposed Of
CASE NUMBER
Appeal 146/252/N D/2019

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Judgment

13 paragraphs · 350 words

K.K. Vohra Member (T)

l. This Appeal (146/252/ND/2019) has been filed by Directors of the Company named "Durga Builders Pvt. Ltd.' (the Company) registered at Plot No 9, Duggal Colony, Devli Road, N Delhi-110064 invoking the provisions of Section 252 of the Companies Act, 2013 (the Act) for restoration of the name of the Company in the Register maintained by the Registrar of Companies (RoC).

2.

The major facts are given below:

Strike off Date

08.08.2018 (Pg 286 of petition).

Audited Financial Statements

Not submitted.

IT Return

Not submitted.

3.

ARoC in its reply dated 30.01.2019, objected to restoration of the name of the Company in view of the fact that the Company had not filed its balance sheet from Financial year ended on 31.03.2008 due to which the Respondent had reasonable cause to believe that the petitioner company was inactive and in terms of provision of section 248(1) of the Companies Act, 2013 (Para 4, Pg 2 of RoC Reply).

4.

No report has been filed on behalf of IT Dept and the case was heard and order was reserved on 24.09.21. The Company had not filed any Financial Statements from FY ended on 31.03.2008 (as per RoC reply) and has not produced any other evidence that it has been a going concern when the name of the Company was struck off.

5.

From the above paras, we observe that the Company seems to be a defunct Company as it had not filed any Financial Statement and has not attached any copy of IT Return filed with IT Deptt during the last one decade. Therefore, in view of the aforementioned conclusion, the prayer is rejected and appeal is dismissed.

6.

The appellant has filed CA/192/2021 with the prayer to permit the Applilcant Company to file the correct company records available with the current managment without imposition of cost or penalty, in lieu of the fraudulent annual returns filed by the Nanda's after the year 1997. In view of the rejection of Appeal 146/252/ND/2019 as above, the imposition of cost of penalty does not arise. Thus, CA/192/2021 stands disposed of.