AI Structured Summary
Not yet generated for this judgment
Judgment
The Court is convened through Video Conference.
Mr. Vishwanath Iyer, Ld. Counsel appeared on behalf of the Petitioner Company.
This Company Appeal is filed by Mr. Trevor Joao Pedro Fernandes on behalf of Toque Real Infratech Private Limited (CIN: U45200GA2020PTC014550), 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, Goa.
The Appellant submits that the company was incorporated on 26.10.2020 under the Companies Act, 1956 as a private company limited by shares with the Registrar of Companies, Goa. There are two directors in the company viz. Mr. Trevor Joao Pedro Fernandes (DIN: 05146594) and Mr. Ryan Bosco De Souza (DIN: 07409651).
The grievance of the Appellant Company is that the Respondent, Registrar of Companies, Goa struck off the name of the Appellant Company from the Register of Companies maintained by them by issuing notice in Form STK-1, 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 e-form INC-20A within 180 days from the date of incorporation.
The Appellant Company submits that the Company has been active since its incorporation and carrying on business of marketing and service. As submitted by the Ld. Counsel appearing for the Appellant Company, the Company did not file the e-form INC-20A as their banker failed to open the bank account till 16.03.2022. Upon receipt of bank account statement on 07.05.2022, the Appellant company tried to file form INC-20A but failed to do so as the name of the Company was struck off from the Register of Companies prior to that date (07.05.2022) due to non-filing of Form INC-20A within 180 days since incorporation. The Counsel further submits that the non-compliance of filing the said Form with RoC, was unintentional and inadvertent and not done willfully or with malicious intent.
The Appellant Company undertakes to file form INC-20A along with all other pending statutory documents once the name of the company is restored.
The Respondent has filed its report and reiterates that the name of the Company was struck off as its directors failed to file e-form INC-20A with the RoC, Goa, which is required to be filed under the provisions of Section 10A of the Companies Act, 2013 within 180 days from the date of incorporation. Also, observed that if the Petitioner undertakes to file form INC-20A under Section 10A of the Companies Act, 2013 and financial statements as on March 2021, this Tribunal may pass appropriate order.
On hearing the submissions of the Ld. Counsel appearing on behalf of Appellant and on perusal of the Report of Registrar of Companies, Goa, and based on the undertaking of the Appellant Company, the Bench is of the considered view that the company is fit for restoration.
Given the above facts and circumstances, we are satisfied that the prayer sought by the Appellant company deserves to be allowed.
Accordingly, Company Appeal bearing No.: AP-47(MB)/2022 filed by the Appellant; Toque Real Infra Tech Private Limited, represented by its Director; Mr. Trevor Joao Pedro Fernandes, 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, Goa is allowed on the following terms:-
(a) The Respondent Registrar of Companies, Goa is directed to restore the name of the Appellant Company, viz. Toque Real Infra Tech Private Limited, to the Register of Companies; and
(b) Upon such restoration, the Appellant Company shall file Form INC-20A and 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 Appellant Company to the Register of Companies after complying with the terms mentioned above, the Registrar of Companies, Goa, shall issue appropriate communications to the bank authorities for de-freezing the accounts of the Appellant Company.
No cost to the Appellant Company.