TMI Blog2021 (10) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... me 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 - Petitioner company is directed to file all pending statutory documents(s) including Annual Accounts and Annual returns for the Financial Yea₹ 2015-16 to 2019-20 along with prescribed fees/additional fee/fine as decided by Registrar of Companies, Assam. Application allowed. - C.P No.07/GB/2021 C.P No.07/252(1)/GB/2021 - - - Dated:- 30-9-2021 - HON BLE MR. HARI VENKATA SUBBA RAO, MEMBER (J) And HON BLE MR PRASANTA KUMAR MOHANTY, MEMBER (T) Mr. H. Harbola, Petitioner Ms. Kaveri Verma, Petitioner Mr. Sanjay Sarma, Respondent no. 2 ORDER [Per se: Shri Prasanta Kumar Mohanty, Member (T)] 1. The Present Appellants through this Company Petition has sought for restoration of name of the company, i.e. Dihingia Motors Pvt. Ltd in the Register of Companies being maintained by the Registrar of Companies, Guwahati, Assam [The ROC for short]. The name of Company struck off from the statutory Register vide impugned order of the ROC on 04.11.2019. Copy of Notice of Stri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having 2 (Two) Directors and 2 (Two) Shareholders as on the date of Strike Off of the Petitioner Company by the Respondent No. 1 i.e. The Registrar of Companies, Guwahati in the year 2019. List of Directors and List of Shareholders as on the date of Strike Off of the name of the Petitioner Company from the Register of Companies maintained/kept by the Registrar of Companies, Guwahati are annexed hereto and marked as ANNEXURE-I and ANNEXURE-II respectively. 5. The main objects of business of the Petitioner Company for which it was incorporated is mentioned as under: a) To carry on business as dealers, distributors, stockist, buyers, sellers, repairs, cleaners, stores, importers or agent of motorcycles, scooters, motor cars, trucks, lorries and carriages, bicycle, tractors, earth moving equipment s, trailers and other vehicles, agricultural implements, pumps and machineries, and spare parts, engines, motors, accessories, components, tools, batteries, glass, panels and sheets, apparatus, fitting furnishing materials, tyres, tubes, paints, lubricant, fuel, oil, gas or other materials used or required or as such vehicles, implements or machines and to act as transporters of goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -0039 from the Transport Department for Sale of Suzuki Motor Only which is valid up to 7th January, 2022. A copy of the FORM of trade Certificate Dated 7th January, 2022 in name of the Petitioner Company for the relevant period is annexed hereto and marked as ANNEXURE-V. 8. It is again submitted that an electricity meter has been also installed at the registered office and is also in the name of Petitioner Company. It is pertinent to mention that the Petitioner Company is regularly paying electricity bills on the said property to Assam Distribution Company Limited . Copy of the latest Electricity Bill as issued by Assam Power Distribution Company Limited is annexed herewith and marked as ANNEXURE-VI. 9. It is stated that Respondent No. 1 had struck off the name of the Petitioner Company because Respondent No. 1 is of the view that the Petitioner Company was not carrying on any business for the last years. However, that is not the correct factual position as per the latest Financial Statements of the Petitioner Company for the financial years 2015-16 to 2019-20 it is clearly reflected that the Petitioner Company was in operations. 10. That the Petitioner Company has earned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations, however its name was struck-off by the Respondent No. 1 i.e. the Registrar of Companies, Guwahati. Copy of the Bank Statements of Current Account having Account no. 50200011136283 with HDFC Bank at address 1st Floor, Hotel Imperial Inn, Complex, NH 15, Opp. Deputy Commissioner Office, Dhemaji, Assam 787057 in the name of Petitioner Company for period starting from 26/03/2015 to 28/02/2021 are annexed hereto and marked as ANNEXURE-IX. 13. It is also stated that a Public Notice bearing Number STK-5 NOTICE/DRIVE-3/2019 in Form STK-5 under Section 248 (1) of the Companies Act, 2013 was published by the Registrar of Companies, Guwahati dated 09.09.2019 at the website of the Ministry of Corporate Affairs having web address as http://www.mca.gov.in wherein the name of the Petitioner Company was mentioned in the said Public Notice that the Registrar of Companies, Guwahati proposes to remove/strike off the names of the abovementioned companies from the register of companies and dissolve them unless a cause is shown to the contrary. Copy of the Public Notice bearing STK-5 NOTICE/DRIVE-3/2019 dated 09.09.2019 is annexed hereto and marked as ANNEXURE-X. 14. It is again submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt no. 1. Further, then Promoters, Ex-Directors Shareholders of the Petitioner Company were not having any proper professional guidance in order to complete the pending annual filings of the Petitioner Company for the said relevant period. b) That the Petitioner Company is now in a position to complete all its pending annual filing of the Financial Statement and Annual Returns from Financial Year 2015-16 or 2019-20 with the Respondent No. 1 i.e. Registrar of Companies, Guwahati along with the additional fees. 19. The Petitioner Company herein voluntarily admits that it had not filed its Annual Financial Statements and Annual Returns for Financial Years with the Registrar of Companies, Guwahati, for the relevant financial years due to the reasons mentioned here in above and consequently, the name of the Company has been struck off by the Registrar of Companies, Guwahati from its Register of Companies and the Company was strike off. 20. It is also submitted before this Hon ble Tribunal that the Petitioner Company now is in a position to file its Annual Financial Statements and Annual Returns for the Financial Years from financial years 2015-16 to 2019-20, respectively with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply has made the following observations which is reproduced as below: 1) That the Pr. Chief Commissioner of Income Tax, Guwahati-I has received a notice from the Hon ble Court regarding pendency of above noted case being its no. C.P. No. 07/GB/2020 along with a copy of the plaint and which was later on transferred to the jurisdictional officer to do the needful to protect the interest of Income Tax Department. 2) That your humble deponent most respectfully begs to state that while considering the above application under Section 252(1) of Companies Act, 2013 read with rule 87 A of NCLT Rules, 2016, the Hon ble Court may consider the following paragraphs to protect the interest of the Opposite Party i.e. the Income Tax Department: i. That, as per Information available, during financial year 2019-20, the company under consideration i.e. Dihingia Motors Private Limited (PAN- AAFC011423) had two directors i.e. 1. Shri Manuj Dihingia also 50% shareholder, (PAN: APTPD5932N) and 2. Smt. Bina Dihingia also 50% shareholder, (PAN: BDSPD12888). ii. That the appellant company was incorporated on 08.07.2014 with its office address shown as Town Bantow, Near Assamiya News Paper, P.O- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C, Guwahati has no objection in restoring the Petitioner Company s name in the Register of the Companies. 27. As per the record, the Petitioners have preferred the present appeal under section 252(1) of the Companies Act as being the Promoter, Ex-Director Shareholder of the Struck off Company. They are eligible to file the present appeal for restoration of the company s name in the register of the ROC. Hence, the present appeal is found maintainable. 28. The name of the company, DIHINGIA MOTORS PRIVATE LIMITED got struck off from the Register of Companies on 04.11.2019 (followed by a Gazette notification published in this respect), while the present appeal has been filed on 03.04.2021. Hence it is found to file within limitation period. 29. As per the records, the name of the company, DIHINGIA MOTORS PRIVATE LIMITED is the company that has failed in filing its Annual Financial Statement and Annual Returns for the Financial Years 2015-16 to 2019-20 with the ROC, Guwahati nor did it make any representation before the Registrar of Companies for not striking off. 30. We observe the merits of the present appeal and have perused the documents annexed therewith. The petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Hon ble NCLT in C.P. No 07/252(1)/GB/2021 ; 32.6) The Petitioner is directed to deliver a certified copy of this order with Registrar of Companies, Guwahati within thirty days of the receipt of this order; 32.7) On such delivery and after due compliance with the above directions, the Registrar of Companies, Guwahati is directed to publish the order in the Official Gazette under his office name and seal; 32.8) 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, North Eastern Region, Guwahati 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. 33. The C.P No. 07/252(1)/GB/2020 is disposed of with the above directions. 34. The Registry is directed to send e-mail copies of the order forthwith to all the parties ..... 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