Sumit Godra S/o Shri Krishan Lal Godara vs Registrar of Companies Chandigarh and Punjab

Harnam Singh Thakur, Member (Judicial)

This Company Petition has been filed by Appellant Sumit Godra, Member and Director of M/s Godara Infratainment Private Limited, CIN:

U45209PB2012PTC036211 under Section 252(3) of the Companies Act, 1956 for restoration of name of the company Godara Infratainment Private

Limited in the Register of Companies, maintained in the office of the Registrar of Companies, Chandigarh and Punjab. It is stated that the name of the

company was struck off on 11.09.2018.

It is contended that the company has not submitted the Financial Statements & Annual Return before the Registrar of Companies for the period

2015-2020. Copies of the audited financial statements 2016-17, 2017-18, 2018-19 and 2019-20 are enclosed as Annexure-3 to Annexure-6 respectively

with the main petition. Copies of the Income Tax Return for the Assessment Year 2017-18, 2018-19, 2019-20 are enclosed as Annexure-7 with the

main petition.

It is submitted that the petitioner company could not earn much revenue in the year 2019-20 due to slump in the business of building and contractor

and the petitioner company inadvertently misses to file the Financial Statement & Annual Return with the Registrar of Companies and it will be unfair

to the company and its creditors if the name of the company is struck off. Hence, the petitioner prayed for passing of an order for restoration of the

name of the Appellant Company.

Notices were issued to the Registrar of Companies, Chandigarh and Punjab and Income Tax Department. The Registrar of Companies, Chandigarh

and Punjab and Income Tax Department has submitted a report that it has no objection if the name of company is restored to the “Register of

Companies†under the provision of 252(3) of the Companies Act, 2013, provided the petitioner company files all the pending statutory documents for

the last 03 years i.e 2014-15 to 2016-17, all the dues, annual returns, and balance sheets along with the requisite fee and additional fee as prescribed in

the Rules.

It has been stated by the IT Department that as of now, demand of Rs 7/-is pending against Sh. Ram Karan Chaudhary(Director) for the AY 2011-

PAN of the other director Sh. Sumit Godra is lying with ITO, Ward-1, Hanumangarh (Rajasthan), and as per ITO of Ward-1, Hanumangarh

(Rajasthan), no demand is outstanding in the name of Sh. Sumit Godra.

Further, it is stated that the company is neither a shell company nor any illegal transaction has taken place in the company. From the perusal of the

balance sheet (2018-29) of the company, it has been stated that the company has generated revenue for Rs. 3,30,103/- and is a running enterprise.

After considering the submissions of the learned counsel on behalf of petitioner and on a perusal of the report of Registrar of Companies, Chandigarh

and Punjab, the audited accounts submitted by the petitioner company and other documents placed on record, this bench holds that it would be just,

equitable and in the interest of justice to provide an opportunity to the company to rectify its defaults and continue the business.

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, Chandigarh and Punjab, 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 documents including annual accounts and annual returns for the period from 2015-16

onwards along with prescribed fees/additional fee/fine as decided by Registrar of Companies, Chandigarh and Punjab within 45 days from the date on

which its name is restored on the Register of Companies maintained by the Registrar of Companies, Chandigarh and Punjab.

c. The petitioner is directed to deliver a certified copy of this order to the Registrar of Companies, Chandigarh and Punjab within thirty days of the

receipt of this order.

d. On such delivery and after due compliance with the above directions, the Registrar of Companies is directed to publish the order in the official

gazette under his office, name and seal.

e. 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, Chandigarh and Punjab to take appropriate action in accordance with law, for any other violation/offences, if any

committed by the Petitioner Company prior to or during the period when the name of the company remained struck off.

f. This order will be subject to payment of costs of ₹10,000/- (Rupees Ten Thousand Only) to be paid in favour of “Pay and Accounts Officer,

Ministry of Corporate Affairsâ€​ within three weeks from the receipt of the duly certified copy of this order.

The CP No. 33/Chd/Chd/2021 is disposed of accordingly.

The Registry is directed to send e-mail copies of the order forthwith to all the parties including the counsel.

Urgent certified copy of this order, if applied for, be issued upon compliance with all requisite formalities.