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Judgment
Kishore Vemulapalli, Member (Judicial)
The Bench convened through video conferencing.
This Company Petition is filed by its Shareholders/Directors Mr. Vishwas Subhash Badkar and Mr. Kuriachan George on behalf of Songster Holidays Private Limited, (CIN: U55100MH2009PTC197158), under Section 252(1) of the Companies Act, 2013 praying for restoration of the name of the Company to the Register of Companies maintained by the Registrar of Companies, Mumbai, Maharashtra.
The Petitioner submits that the company was incorporated on 06/07/2010 under the Companies Act, 1956 as a private company limited by shares with the Registrar of Companies, Mumbai, Maharashtra. There are three directors in the company viz. Mr. Siby Joseph (DIN: 02579787), Mr. Kuriachan George, (DIN: 02708244) and Mr. Sunny Mathew Vedikunnel (DIN: 0279054) as per MCA Master Data.
The grievance of the Petitioner Company is that the Respondent, Registrar of Companies, Maharashtra, Mumbai struck off the name of the Petitioner Company from the Register of Companies maintained by them by issuing notice in Form STK-1, STK-5 and STK-
7 under section 248(4)(1) for removal of the name of the Company from the Register of Companies under section 248(1) of the Companies Act, 2013 and rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 due to defaults in statutory compliances, namely, failure to file Financial Statements and Annual Returns and failure to do business for more than two years.
The Petitioner Company submits that the Company has been functioning since 20/11/2009. As submitted by the Ld. Counsel appearing for the Petitioner company, the Company did not file the Annual Returns and Balance Sheet of the company with the RoC since 2017, due to inadvertence. However, the MCA data shows that the Company did not file the Balance Sheet of the company since 2017. Even while considering the defaults as submitted by the Ld. Counsel, there is a default of three (5) years till striking off the Company. Taking into consideration further delay of one (1) year in filing the present Petition, total years of default is six (6) years.
The Petitioner Company has enclosed the Unaudited/Audited Accounts for the Financial Years 2017-18 to 2021-22. The Petitioner Company has not enclosed of Income Tax Returns.
The Respondent has filed its report and reiterates that the name of the Company was struck off as the company was not carrying on any business or operation for a continuous period of more than two years.
On hearing the submissions of the Ld. Counsel appearing on behalf of Petitioner and on perusal of the Report of Registrar of Companies, Maharashtra, Mumbai, the Audited/Unaudited Accounts submitted by the Petitioner Company and other documents placed on record, the Bench is of the considered view that the company is functioning and deserve to be restored.
Given the above facts and circumstances, we are satisfied that the prayer sought by the Petitioner company deserves to be allowed.
Accordingly, Company Petition bearing No.: Appeal.19/252(1)/MB/C-IV/2023 filed by the Petitioners, Songster Holidays Private Limited, represented by its Directors; Mr. Sunny Mathew Vedikunnel, under section 252 of the Companies Act, 2013, seeking restoration of the Company’s name in the Register of Companies maintained by the Registrar of Companies, Maharashtra, Mumbai is allowed on the following terms:-
The Respondent Registrar of Companies, Maharashtra, Mumbai, is directed to restore the name of the Petitioner Company, viz., Songster Holidays Private Limited, to the Register of Companies subject to payment of a sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only) as cost to be paid online through Bharatkosh in favour of “Pay and Accounts Officer, Ministry of Corporate Affairs, Mumbai” within thirty days from the date of receipt of a copy of this Order; and
Upon such restoration, the Petitioner Company shall file all its pending financial statements and Annual Returns with all the applicable fees and late fees with the Respondent Registrar of Companies within thirty (30) days from the date on which the name of the Company is restored to the Register; failing which, this order will stand vacated automatically.
Upon restoration of the name of the Petitioner Company to the Register of Companies after complying with the terms mentioned above, the Registrar of Companies, Maharashtra, Mumbai, shall issue appropriate communications to the bank authorities for de-freezing the accounts of the Petitioner Company.