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Judgment
Balraj Joshi, Member (Technical)
1) This Appeal has been filed by Amitabha Roy, Promoter/ Ex – Director and Sunil Kumar Roy, Promoter/ Ex – Director of the Company, u/s. 252(1) 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 25-October-2019
2) It is contended that the Company had not filed the Financial Statements for the financial years ended 2016-2017, 2017-2018, 2018-2019 , 2019-2020 and 2020-2021 and Annual Returns of the Company for the financial years ended 2018-2019 , 2019-2020 and 2020-2021, due to error of omission and has produced copies of the said financial statements.
3) Upon the said contentions, the Ld. Counsel for the Petitioner prayed for passing of an order for restoration of the name of the appellant company.
4) Notice was issued to the Registrar of Companies, West Bengal. The Registrar of Companies, West Bengal has submitted a report. 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, West Bengal, has struck off the name of the company from the register.
5) ROC, West Bengal has not objected to this application for restoration of the name of the company. On perusal of the application, we feel that it would be just and equitable to restore the name of the company to the register. Accordingly, the present petition is allowed on the following terms: -
a) The Registrar of Companies, West Bengal, 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 for the period 2016-2017, 2017-2018, 2018-2019 , 2019-2020 and 2020-2021 and Annual returns for the period 2016-2017, 2017-2018, 2018-2019 , 2019-2020 and 2020-2021 along with prescribed fees/additional fee/fine as decided by Registrar of Companies, West Bengal within 45 days from the date on which its name is restored on the register of companies maintained by the Registrar of Companies, West Bengal.
c) The restoration of the Company’s name is also subject to the payment of cost of Rs. 50,000.00/- (Rupees Fifty Thousand only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as “Payment of cost for restoration of company pursuant to orders of NCLT in Appeal 247/KB/2022”.
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, West Bengal 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, West Bengal 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.
6) The Appeal 247/KB/2022 is disposed of accordingly.
7) The Registry is directed to send e-mail copies of the order forthwith to all the parties inclusive of the Counsel.
8) Urgent certified copy of this order, if applied for be issued upon compliance with all requisite formalities.