Utkarshna Infra Private Limited vs Registrar Of Companies Cum-Official Liquidator Patna

Arvind Devanathan, Member (Technical):

This Company Petition has been filed by one of the Shareholders of the petitioner Company, Utkarshna Infra Private Limited, (struck off) U/s. 252(3) of the Companies Act, 2013 aggrieved against the Order of strike off carried out by the Respondent, Registrar of Companies, Patna, under section 248 of the Companies Act, 2013. The present application has been filed by the Applicants seeking thereof to restore the name of the Company in the Register maintained by the Respondent ROC which was struck off on 27.12.2021.

The Company was incorporated on 27th. Day of March, 2017 as a private limited company, having CIN: U70100BR2017PTC034128 with registered office at Maya Pandey W/O Ramesh Pandey, Fl-22C “Satyam Apptt.”, Dudha Colony, Patna, Bihar, Pin-800001.

The main object of the Company is stated as to carry on the business of purchase, maintain, improve, mortgage, set up on hire or rent, or otherwise, acquire and or dispose of lands buildings. Agricultural, lands, farm houses, structure immovable properties and apartments of any tenure or interest there in and to erect and construct houses multi storied buildings. huts shops, factory sheds & building, warehouses. wharves and civil and constructional works of every description and to pull down re-built, enlarge remodel, decorate, furnish, maintain, alter, improve existing houses, buildings, huts shops, factory sheds & building, warehouses, wharves and civil and constructional works there in and to convert, appropriate, consolidate. connect and subdivide any such land into and for roads, streets, gardens and such other conveniences related thereto and to deal with and improve the immovable properties of the company and to own and maintain such immovable properties.

The learned counsel for the Applicant submitted that the Applicant who is a shareholder of the Company holds 500 equity shares of Rs. 100/- each in the Company. That there are another one more Shareholders of the Company holding total of 500 (Five Hundred) Equity shares of Rs.100/- (Rupees One Hundred) each amounting to paid up capital of Rs.100,000/- (Rupees One Lacs Only).

It is contended that “due to the incompetency and irresponsibility of the person authorized to look after the filing of the Company the petitioner could not file annual returns and financial statements for the relevant financial years and has produced copies of the said Financial Statements; Statement of Bank Accounts which have been produced. Upon the said contentions, the Ld. Authorized Representative for 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, Patna. The Registrar of Companies, Patna has submitted its report at the Registry with copy to the petitioner. It was stated in the report that only after compliance of the requirements to be met under Section 248 of the Companies Act, 2013, Registrar of Companies, Patna has struck off the name of the petitioner company from the register maintained by the Registrar of Companies, Patna.

The Learned Counsel of the Applicant submitted that the company is still a going concern and the accounts of the Company had been audited and Income Tax returns have been filed regularly as per the Income Tax Act.,1961, since its incorporation in the year 2017-18, 2018-19, 2019-20, 2020-21, 2021-2022. The Financial position of the Company will be evident from the said accounts as below;

Particulars   of   Income   / Expenses

F.Y.- 2020-21

F.Y.-2021-22

Revenue from Operation

Rs. 15,98,800/-

Rs. 10,95,000/-

Employee Benefit Expenses

Rs. 220125/-

Rs. 2,25,125/-

On perusal of documents, we are also satisfied that the petitioner company was a going concern and doing business on the date of striking off its name. ROC, Patna, has not objected to this application for restoration of the name of the petitioner company. Therefore, the Company Petition deserves consideration. Accordingly, the Company Petition is to be allowed upon payment of cost of Rs.50,000/- (Rupees Fifty Thousand Only), which would meet ends of justice in the peculiar nature and circumstances of the case in hand.

Accordingly, in exercise of the powers conferred on the Tribunal under Section 252 of the Companies Act, 2013, the petition is allowed upon the following: -

ORDERS

(a) The Registrar of Companies, Patna, 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) of the Companies Act.,2013 including Annual Accounts and Annual returns for the years 2017-18, 2018-19, 2019-20, 2020-21, 2021-2022 along with prescribed fees/ additional fee/fine as decided by Registrar of Companies, within 45days from the date on which its name is restored on the register of companies maintained by the Registrar of Companies.;

(c) The restoration of the Company's name is also subject to the payment of cost of Rs. 50,000/- (Rupees Fifty Thousand Only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars as "Payment of cost for revival of company pursuant to orders of NCLT, Kolkata Bench in C.P. No.186/KB/2023;

(d) The Petitioner is directed to deliver a certified copy of this order with Registrar of Companies, 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, Patna 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, Patna 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.

The Company Petition being C.P. No. 186/KB/2023 is disposed of accordingly.

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

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