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Judgment
Balraj Joshi, Member (Technical)
This is an appeal preferred by Registrar of Companies, West Bengal, Kolkata under Sec.252 (1) of the Companies Act, 2013 for restoration of the name of the company M/s SPARK MEDIA PRIVATE LIMITED in the register of Registrar of Companies, West Bengal.
Ld. Counsel for the appellant appears. No one from the Respondent appears.
Court Notice was issued to the respondent and to the company. Affidavit of service proving service of notice is filed. We are satisfied with proper delivery of notice. However, there is no representation by any of the directors of the struck off company.
Ld. Counsel for the RoC submits that name of the respondent was struck off from the register of companies inadvertently. Therefore, the appellant preferred this Appeal before this Tribunal seeking restoration of the name of the company.
The appellant contends that the name of the Respondent company had been struck off by the ROC, W.B., in compliance of the provisions under Sec. 248(1) of the Companies Act, 2013 thereby the name of the respondent company had been removed from the Register of Companies and the said company was dissolved.
It is submitted that the respondent did not file return even thereafter, as a result on 24.08.2018, the appellant published Notice in Form STK-7, and thereby the Respondent company was dissolved by law as “Strike off”, under the provision of Section 248 of the Companies Act, 2013. On examination, the Ministry of Corporate Affairs observed that some of the companies which were struck off, are having “Charge” pending against them in the Master Data.
It is submitted that Ministry of Corporate Affairs by a letter dated 10.12.2021 informed the Appellant that by virtue of Rule 3(1)(ix) of the Companies(Removal of Name of Companies from the Register of Companies) Rules, 2016, if any charges are pending against any company for satisfaction, it shall not be dissolved, and thereby directed to file appropriate petition before this Tribunal for seeking permission of restoration under section 252(1) of the Companies Act, 2013, and hence this petition is seeking direction/liberty to restore the respondent company, and change the status of respondent company from “Strike off” to “Active”.
That the Hon’ble Supreme Court has relaxed the period of limitation from 15.03.2020 in Misc. Application No.665 of 2021. The name was struck off on 24.08.2018 and the instant application was affirmed on 21.12.2021 and filed subsequently, as such the present application is well within the prescribed period of limitation.
Upon hearing the arguments advanced on the side of the appellant/ Ld. ROC, West Bengal and we are satisfied that the name of the respondent company is required to be restored to the Register of Companies.
In the result, the appeal is allowed by restoring the name of the company in the register of Registrar of Companies, West Bengal with a direction to modify the status of the company from "struck off” to 'active' within 30 days from the date of receipt of this order.
Appeal No. 70/KB/2021 is allowed and disposed of.
There shall be no order as to costs.
Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.