TMI Blog2021 (1) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... . For the Respondent : None Present. ORDER This present Petition has been filed under Section 252 (1) of the Companies Act, 2013 (Act) by CAMEO FABRIC PRIVATE LIMITED through its one of the Director Mr. Usha Jaykar praying for restoring the name of the company in the Register maintained by the Registrar of Companies, Mumbai (RoC). 2. The Company was incorporated on 22nd May, 1969 and is a going concern engaged in the business of job work of machine embroidery. The Appellant Company has been allotted CIN No. U17100MH1969PTC013588. 3. Petition for operation and mismanagement came to be filed in or about 2007 before the erstwhile Company Law Board in Company Petition No. 02/2008 read with Company Petition No. 70 of 2006. On 8th January, 2008, an Order came to be passed by the Hon ble Company Law Board in Company Petition No. 02 of 2008 which read as under: Petition mentioned and heard on interim reliefs. Till the Petition is disposed of no general meeting is to be held without the leave of this Board. Reply to be filed by 10/02/2008 and rejoinder by 10/03/2008. Date of hearing denotified on 09/01/2008. Petitioner to serve copies of the Petition on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... presentative of the Petitioner is present. 2. The Learned Representative for one of the Shareholder/Intervener is present. 3. After having discussion with the Learned Counsel, it appears that as per the last accounts with the ROC Office two DIN Numbers connected with this are proved. However, name of one of the Director is in the pleadings. If deem fit the Petitioner can be amended accordingly. 4. An evidence is placed on record that the Company is active as per the records of the ROC. Hence no order is required under section 252 in the case of this Company. 5. Since the Company is already active no apparent reason is mentioned by the ROC for striking of the names of the Directors. 6. Hence the Registry is directed to issue a Notice to the ROC to submit the Report on or before the next date of hearing as to why the Directors have been removed from the Registrar of Companies. 7. The matter is adjourned to 20-04-2018. 10. The matter once again came to be heard on 20th April, 2018 where the Hon ble Tribunal observed that its Order passed on 22nd March, 2018 was yet to be complied with and the representatives for the Respondents undertook ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Hon ble Tribunal and the Registry of the Hon ble NCLT was directed to issue a formal notice to the Registrar of Companies, Mumbai. 16. The matter was once again heard on 16th October, 2020 on which occasion, once again none appeared for the Registrar of Companies and the Appellant was once again requested to serve a copy on the Registrar of Companies as well as the Income Tax Department. The Advocate for the Appellant once again served a copy of the Order to the Registrar of Companies and the Income Tax Department. 17. The matter was once again heard on 6th November, 2020 on which occasion, last opportunity was given to the Registrar of Companies to submit its report within 10 days from the date of the said Order. 18. The matter was thereafter heard on 23rd November, 2020 on which occasion, Ms. Yogini Chauhan appeared for the Registrar of Companies and sought two weeks time to file a comprehensive reply and comply with the Orders dated 22nd March, 2018 and 20th April, 2018. 19. The matter was thereafter finally heard on 18th December, 2020 on which occasion, once again none appeared for the Registrar of Companies and the matter was reserved for orders. It was s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... till injuncted from conducting any general meeting, an auditor cannot be appointed so no statutory filing can be audited and filed with RoC, Mumbai. 23. The Applicant by way of additional Affidavit submitted the proof that the Company has assets in its name which are as follows: Fixed Assets:- 1. Office at 46, The Arcade Shopping Centre, Mvirdc World Trade Centre, Cuffe Parade, Mumbai 40005 (pg 9 of Additional Affidavit) 2. Factory at C 16, TTC Midc, Thane, Navi Mumbai 400705 (pg 11 of Addtional Affidavit). 3. Plant Machinery, Electrical fitting, Furniture, Computer. Movable Assets:- 1. Stock, Raw Material 24. Notice were issued to the Respondent, but no one appeared on behalf of the Respondent. 25. The bench has directed RoC to submit his report in spite of that RoC has not submitted his report. As per Section 252(1) of the Companies Act, 2013, an opportunity was provided to RoC to submit his report, however RoC failed to submit the same. We are therefore of considered view that in the interest of Justice and Equity, to help Employees, Members, Shareholders, Creditors and Other stakeholders and also to improve ease of doing business, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court proceedings by or against the company its name can not to be removed by the RoC. ORDER In the light of above stated direction. We feel just and equitable to allow the Petitioner s Appeal CP No. 648/252(1)/MB/C-II/2017 filed by Appellant/Petitioner CAMEO FABRIC PRIVATE LIMITED, through its Director Mr. Usha Jaykar of the company s in the statutory Register of the Companies being maintained by the Registrar of Companies. The present appeal is allowed with the following conditions and directions. The Respondent is directed to restore the name of the Petitioner company in the statutory register to filing of all. Statutory return and payment of filing fee as applicable. The company shall file all its pending financial statements and Annual Returns with all the applicable fees and late fees with the Respondent RoC within a period of 90 days from the date of receipt of copy of an authentic copy of this order. The Company is directed to make payment a sum of ₹ 25,000/- (Rupees Twenty Five Thousand only) to the account of PM CARES FUND within 30 days from receipt of the copy of the order with this observations present appeal is allowed conditionally and stand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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