Verbatim Research Services Pvt. Ltd. vs Registrar Of Companies

The erstwhile director of Verbatim Research Services Private Limited bearing CIN NO: U93000DL2009PTC189437 has filed the present appeal,

invoking the provision of section 252 of the Companies Act, 2013 for restoration of the name of the petitioner company in the register maintained by

the Registrar of Companies, NCT of Delhi and Haryana.

As per the averments, by Verbatim Research Services Private Limited it was incorporated on 16.04.2009 having its registered office atp-31, Old

Double Storey Laj pat Nagar- IV, New Delhi within the jurisdiction of this Tribunal. The main object of Company is to carry out business of rendering

services relating to market research and social research.

It is submitted by the appellant that a sweeping action was initiated by the ROC at the instance of MCA in striking of the names of several

Companies who had failed to file their Statutory Returns. The appellant had not filed its Annual Returns and balance sheet since 31.03.2016, thereby

giving rise to the surmise that the business of the company was not in operation. Consequently, its name was struck off by the Respondent from the

Register of Companies under Section 248 of the Companies Act, 2013, upon taking steps in accordance with law and issuing a notification in the

Official Gazette. The names of the effected companies was posted on its web site.

The appellant has submitted that since its incorporation the company is active and as per the Audited Balance Sheet, revenue for the Financial Year

2015-16, 2016-17, 2017-18 was Rs. 50,74,335/-, Rs. 34,95,318/- and Rs. 27,15,030/- respectively. In order to sustain the plea for restoration, the

petitioner have placed before us the following documents:

i. Copies of Auditor Report and balance sheet for the financial years 2013-14, 2014-15, 2015-16, 2016-17 and 2017-18.

ii. Copy of Bank Statement 01.04.2015 to 30.07.2018.

iii. Copy of work order dated 21.02.2017.

iv. Copy of Income Tax Return for the financial years from 2014-15, 2015-16, 2016-17, 2017-2018 and 2018-19.

The provisions pertaining to restoration of the name of the company have been provided in Section 252 of the Companies Act, 2013 and the same

envisages that if the Tribunal is of the opinion that the removal of the name of the company from the Register of the Companies is not justified in view

of the absence of any of the grounds on which the order was passed by the Registrar, it may order restoration of the name of the company in the

Register of Companies.

On perusal of the documents referred to in paragraph 4 above, a reasonable presumption can be inferred that the company was active before being

struck off from the register.

Accordingly, the petition is allowed subject to payment of costs of Rs. 25,000/- to the Prime Minister Relief Fund. The restoration of the petitioner

company's name in the Register will be subject to their filing all outstanding documents for the defaulting years as required by law and completion of

all formalities, including payment of any late fee or other charges which are leviable by the respondent for the late filing of statutory returns. The name

of the petitioner company shall then stand restored in the Register of the Registrar of Companies, as if its name of the company had not been struck

off in accordance with Section 248(5) of the Companies Act, 2013 with all consequential effects and benefits.

The direction for freezing the Bank Account(s) of the appellant company, if on this ground, shall consequently be also set aside immediately to

enable the company carry out its business operation. Compliance of this order for restoration shall be made by the respondent with all its consequential

effects within one week of compliance by the appellant.

The petition is disposed off accordingly.

Let the copy of the order be served to the parties.