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Judgment
Per: Harish Chander Suri, Member (Technical)
1) This Company Petition has been filed by Mr. Ameed Mohammed Jafri, Member of Tabreek Construction Co. Private Limited u/s. 252(3) 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, Kolkata. It is stated that the name of the Company was struck off on 18.07.2012.
2) It is contended that the Company had not filed the Financial Statements for the financial years ended, 2007-2008, 2008-2009, 2009-2010, 2010-2011, 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019 and 2019-2020 due to ignorance of law and lack of human resources and has produced copies of the said financial statements and annual returns. It is further contended that as per the latest audited financial statements, the Company has Reserves & Surplus amounting to (Rs. 1,73,179), Short Term Borrowings of Rs, 39,90,783 and other current liabilities amounting to Rs. 3,03,02,500 as on 31st March, 2020 and it will be unfair to the Creditors and the Company if the company is struck-off and the Creditors do not receive their dues. 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.
3) Notices were issued to the Registrar of Companies, Kolkata. The Registrar of Companies, Kolkata 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, the Registrar of Companies, Kolkata has struck off the name of the company from the register.
4) ROC Kolkata has not objected to this application for restoration of the name of the company. On perusal of the application, we are satisfied that the name of the company should be restored to the register. Therefore, this petition deserves sympathetic consideration. Accordingly, the present petition is allowed on the following terms: -
ORDERS
a) The Registrar of Companies, Kolkata 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 and Annual returns for the period of financial year ended 2007-2008, 2008-2009, 2009-2010, 2010-2011, 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019 and 2019-2020 along with prescribed fees/additional fee/fine as decided by Registrar of Companies, Kolkata within 45 days from the date on which its name is restored on the register of companies maintained by the Registrar of Companies, Kolkata.
c) The restoration of the Company's name is also subject to the payment of cost of Rs.1,30,000/- (Rupees one lakh thirty 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 C.P. No. : /98/KB/2021".
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, Kolkata 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, Kolkata 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.
5) The C.P. No. : 98/KB/2021 is disposed of accordingly.
6) The Registry is directed to send e-mail copies of the order forthwith to all the parties inclusive of the Counsel.
7) Urgent certified copy of this order, if applied for be issued upon compliance with all requisite formalities.