9911796707
TMI Blog2019 (6) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... company in the Register of Companies, West Bengal. 2. The appellant's averments in brief are as follows : (a) The appellant-company was incorporated on December 22, 2011 under the provisions of the Companies Act, 1956, as a private company, limited by shares with the Registrar of Companies, West Bengal. The main objects for which the company was formed are set out in clause III(A) of the memorandum of association of the company. A copy of memorandum of association and articles of association is annexed and marked as "annexure 3". (b) The Registrar of Companies/the respondent struck off the appellant-company's name from the register maintained by it pursuant to section 248 of the Companies Act, 2013 due to defaults in statutory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Regional Director, Registrar of Companies, West Bengal and the concerned Income-tax Department. However, apart from the Registrar of Companies, West Bengal, none other had seen the filed report. The respondent, Registrar of Companies, West Bengal, filed its report contending in brief, the following : (a) In exercise of the power conferred upon the Registrar of Companies under section 248 of the Companies Act, 2013, the said Registrar can strike off the name of the appellant-company from its register after com plying with all the formalities as provided under section 248, since he had reasonable cause to believe that the appellant-company was not carrying on any business or any operation for a period of two (2) immediate preceding fina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner-company's name appears at Sl. No. 7860 of the Registrar of Companies Notice (STK-7) dated June 30, 2017 and the same was published in the Official Gazette on July 15, 2017. (d) The respondent further submits that the hon'ble National Company Law Tribunal has the power to decide as to whether the company can be allowed to revive under section 252(3) of the Companies Act, 2013 and prays that it may pass such orders as this hon'ble National Company Law Tribunal may deem fit and proper. 4. The appellant filed a rejoinder affidavit reiterating the contentions stated in the appeal. The appellant in the rejoinder affidavit has produced the ITR acknowledgments, business contracts pending execution, bank account statements, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an object of carry on the business or vocation of acting as advisors and consultants, there is no specific pleading or contention in the appeal that at the time of striking off the name of the company, the company was doing any kind of business. Argument was advanced on the strength of financial statements ("annexure 4") for the financial years ending March 31, 2014 to March 31, 2017 that the company is a going concern. A look at the financial statements on the other hand shows that the company was not doing any kind of business. The data available in the said financial statements for the consideration of this appeal is summarised below : Sl. No. Financial year Assets (Rs.) Liability (Rs.) Turnover (Rs.) Profit/(loss) (Rs.) 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tors' reports show that the meeting of directors was convened. The appeal has been filed by a member of the struck off company, Mr. Sabyasachi Mishra, who is also a director of the company. It has been pleaded that the director of the appellant-company is also a director in other companies, which are also affected and are unable to function because of the "Strike off" status of the appellant-company. The appellant has also produced business contracts, as part of the rejoinder (exhibit A) which are pending execution because of the "strike off" status of the company. It is significant to note that the company with which the transaction is being entered is a company in which the abovementioned member-director of the appellant-company is al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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