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TMI Blog2019 (9) TMI 1490X X X X Extracts X X X X X X X X Extracts X X X X ..... l. 2. The brief facts for the consideration of the Appeal are as follows : The Company was incorporated as a Private Limited Company on 29-06-2006. The Company was doing business and regularly carrying on business activity since incorporation. Due to lack of knowledge and with no proper Professional guidance, the Company could not file the balance sheet and the Annual Return since the Financial year 31-03-2013. When the Directors of the Company realised their mistake, they immediately proceeded to file the balance sheet and the annual return in the portal of Ministry of Corporate Affairs and the Company's person personally contacted the Respondent and got information that the Company's name has been struck off through the portal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection of the NCLT within a period of three(3) years from the date of the order of the Registrar. In this regard, it is submitted that in terms of the said provisions, the NCLT while passing an order for restoration, is to be satisfied that the company is carrying on business or in operation. Further, it is submitted that due to non-filing of statutory returns by the Company, the competent authority drew an opinion that the Company was not carrying on business or in operation. As per provision of section 248(5) of the Companies Act, 2013 after the expiry of the prescribed time period and as no response has been received from the company and the public, a notice (in STK No. 7) dated 30-06-2017 was issued by the Registrar of Companies, West ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of disqualification of directors published by ROC, Maharashtra, Mumbai. Aggrieved by the aforesaid order, ROC, Mumbai has filed SLP ( c ) No. 18693 to 18703/2018 before the Hon'ble Supreme Court. In the aforesaid SLP, the Hon'ble Supreme Court vide order dated 06-08-2018 stayed the operation of the order passed by the Hon'ble High Court at Bombay. In view of the above, any plea of the petitioner for activation of the DIN of the directors of the company should not be allowed. Upon the said contentions, the ROC, West Bengal prays for passing orders deemed fit and proper. 4. Heard the Ld. PCS for the Appellant and the Deputy Registrar of Companies. 5. This is an Appeal filed under Section 252 of the Companies Act, 2013 for resto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Company is a going concern, which is given below : F.Y Ending Asset Liability Total revenue Profit & Loss 31-03- 2013 Rs. 2,78,46,347=01 Rs. 2,78,46,347 = 01 Rs. 1, 70,71,468=00 Rs. 5,17,708=46 31-03- 2014 Rs. 2,40,26,966=08 Rs. 2,40,26,966=08 Rs. 1,96,22,126=00 Rs. 5,72,378=98 31-03- 2015 Rs. 1,80,11,754=05 Rs. 1,80,11,754=05 Rs. 60,44,104=00 Rs.l,89,597 = 58 31-03- 2016 Rs. 1,71,34,858 = 54 Rs. 1,71,34,858=54 Rs. 21,82,600 = 00 Rs. 23,862 = 00 31-03- 2017 Rs. 1,61,74,453=50 Rs. 1,61,74,453=50 Rs. 16,70,426=00 Rs.(11,097 = 33) 31-03- 2018 Rs. 1,46,66,331=95 Rs. 1,46,66,331 = 95 Rs. 6,70,550=00 Rs.(2,60,524=00) 9. The above said financial status of the Appellant Company in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent year 2013-14, 2014-15, 2015-16, 2016-17 and 2017-18. 10. According to the Ld. PCS for the Appellant, the Appellant Company is carrying on its business as Architect, Interior Designer and is in operation. The business of the Company seems to have been carried on and accordingly, the Appeal is liable to be allowed, however, with a cost for non complying the statutory provisions without any reasonable excuse. The Appellant Company failed to file the balance sheets and Annual Returns since the financial year 31- 03-2013. The contention that due to lack of knowledge and with no proper Professional guidance, the Company failed in submitting the balance sheets and Annual Returns since the financial year 31-03-2013, cannot be believed as a gen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;ble NCLT in Appeal No. 867/KB/2019". (v) The appellant is permitted to deliver a certified copy of this order with ROC within thirty days of the receipt of this order. (vi) On such delivery and after duly complying with above directions, the Registrar of Companies, West Bengal is directed to, on his office name and seal, publish the order in the official Gazette; (vii) This order is confined to the violations, which ultimately leads to the impugned action of striking off the name of the Company, and it will not come in the way of ROC to take appropriate action(s) in accordance with law, for any other violations /offences, if any, committed by the appellant company prior or during the striking off of the company. 12. The Appeal No ..... X X X X Extracts X X X X X X X X Extracts X X X X
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