Shakuntla Nutratec Pvt. Ltd. vs Registrar Of Companies

The erstwhile director of Shakuntla Nutratec Private Limited bearing CIN NO: U15122DL2008PTC178578 has filed the present appeal, invoking

the provision of section 252 of the Companies Act, 2013 for restoration of the name of the petitioner company in the register maintained by the

Registrar of Companies, NCT of Delhi and Haryana.

As per the averments, by Shakuntla Nutratec Private Limited it was incorporated on 26.05.2008 having its registered office at a-1/327, Second

Floor, Janakpuri, New Delhi within the jurisdiction of this Tribunal. The main object of Company is"" To manufacture, process, prepare, preserve,

bake, can, refine, pack, bottle, buy, sell and deal whether as whole sellers or retailers or as exporters or importers or as principals or

agents, in food, meats, eggs, poultry, vegetables, canned and tinned and processed foods, protein, health and instant foods of all kinds,

including baby and diet foods, cereals, beverages, cordials, tonics, restoratives and aerated mineral waters, wine, sprtis, beer, Alcoholic

and non-alcoholic beverages and food stuffs and consumable provisions of every description for human and animal consumption"".

It is submitted by the appellant that a sweeping action was initiated by the ROC at the instance of MCA in striking of the names of several

Companies who had failed to file their Statutory Returns. The last Annual Return and Balance sheet file by the appellant for the Financial Year2009-

10, giving rise to the surmise that the business of the company was not in operation. Consequently, its name was struck off by the Respondent from

the Register of Companies under Section 248 of the Companies Act, 2013, upon taking steps in accordance with law and issuing a notification in the

Official Gazette. The names of the effected companies were posted on its website.

The appellant has submitted that since its incorporation the company is active and annual filing was done up to the Financial Year 2009-2010. But

due to negligence on the part of the management the company was not able to file its annual returns and balance sheet after the financial year2009-

2010. In order to sustain the plea for restoration, the petitioner have placed before us the following documents:

i. Copies of Auditor Report and balance sheet for the financial years 2010-11 to 2016-17.

i. Copy of Bank Statement from 01.04.2016 to 31.03.2017.

iii. Copy of Manufacturing License as per UP Laws.

iv. Copies of Airway Bill for import and few sales invoices.

v. Copy of resolution, authorizing the applicant director for GST registration.

vi. Copy of FSSAI License No. 12715055000349.

vii. Bill of Supply Dated 07.11.2017.

viii. Ledger Account from 01.04.2017 to 03.11.2017.

As per the order dated 08.06.2018 the Income Tax department were directed to file the reply. However, no reply has been filed by the Income Tax

Department.

The provisions pertaining to restoration of the name of the company have been provided in Section 252 of the Companies Act, 2013 and the same

envisages that if the Tribunal is of the opinion that the removal of the name of the company from the Register of the Companies is not justified in view

of the absence of any of the grounds on which the order was passed by the Registrar, it may order restoration of the name of the company in the

Register of Companies. Further, restoration may also be directed by the Tribunal if it is just and equitable to restore the name of the company in the

Register of Companies.

On perusal of the documents referred to in paragraph 4 above, a reasonable presumption can be inferred that the company was active before being

struck off from the register. The assumption of ROC that the company was not in operation was founded merely on grounds of non-filing of the

Statutory Returns.

Accordingly, the petition is allowed subject to payment of costs of Rs. 25,000/- to the Prime Minister Relief Fund. The restoration of the petitioner

company's name in the Register will be subject to their filing all outstanding documents for the defaulting years as required by law and completion of

all formalities, including payment of any late fee or other charges which are leviable by the respondent for the late filing of statutory returns. The name

of the petitioner company shall then stand restored in the Register of the Registrar of Companies, as if its name of the company had not been struck

off in accordance with Section 248(5) of the Companies Act, 2013 with all consequential effects and benefits.

The direction for freezing the Bank Account(s) of the appellant company, if on this ground, shall consequently be also set aside immediately to

enable the company carry out its business operation. Compliance of this order for restoration shall be made by the respondent with all its consequential

effects within one week of compliance by the appellant.

The petition is disposed off accordingly.

Let the copy of the order be served to the parties.