9911796707
TMI Blog2021 (12) TMI 1277X X X X Extracts X X X X X X X X Extracts X X X X ..... ect in the terms of Section 252(1)/252(3) of the Companies Act, 2013; B) Pass order in terms of Section 252(1)/252(3) of the Companies Act, 2013, that is just and appropriate placing the Company and all other persons in the same position as nearly may be as if the name of the Company has not been struck off; C) Pass such order and further orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case. 3. The brief facts of the case raising to the present appeal are stated as under: 3.I M/S Akansha Tea Plantation & Trading Company Private Limited was incorporated under the Companies Act, 1956, on 14th February, 2001, vide CIN U01132AS2001PTC006425 as a Private Company Limited by shares with the Registrar of Companies, NER, Assam. 3.I The Registered office of company is situated at New Amolapatty, Golaghat-785621 (Assam). 4. The Petitioner submits that the Authorized Share Capital of the Company is Rs. 5, 00,000 (Rupees Five Lakhs) only divided into 50,000 (Fifty Thousand) numbers of equity shares of Rs. 10 (Rupees Ten) each and the Issued, Subscribed & Paid up Capital of the Company is Rs. 3, 25,000 (Rupees Three Lakh Twenty-Five thousan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r company were prepared and audited and that the company had entrusted Sri Reba Gogoi, the Accountant, to hand over the requisite documents to the Chartered Accountant, who was engaged to perform the task of filing the returns with the office of the Registrar of Companies. The Petitioner was under bona fide belief that the requisite documents for Annual e-filing were handed over to the Chartered Accountant from time to time. It has now come to notice that the Accountant did not submit the requisite documents and also did not reveal this fact to the Directors of the Petitioner Company. It is further submitted that it was only in May, 2020 when the fact of non-filing of the returns and other documents with the respondent, as well as the fact that the petitioner company's name had been struck off the Register maintained by the Respondent, was known to the Petitioner Company. 11. It is submitted that the Promoters and Directors of the Company do not have any mala fide intent for non-filing. It is submitted by the petitioner that the Company could not file the financial statements for the F.Ys 2013-14 to 2015-16 (and also till this date) with the ROC due to mistake on the part of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany is granted, this will enable the company to fresh start on a clean state as envisioned in the said scheme. 16. It is further submitted that, the Petitioner Company now has all the remaining documents ready and prepared and is willing to file the same before the ROC, if so permitted. Further the Petitioner Company is willing to file any other necessary documents which are required by the ROC. 17. The Petitioner, Ms. Bandana Rekha Dutta Borah, in compliance to the order dated 29.07.2021 of this Hon'ble Tribunal, has submitted an affidavit dated 06/09/2021 confirming that (i) transactions of Specified Bank notes during the Demonetization period from 8th November, 2016 to 30th December, 2016 have not undertaken and also (ii) a copy of the bank statements in the name of the Company has been filed. 18. It is submitted that as per the order dated 30th August, 2021 the Petitioner was directed to intimate the date of next hearing i.e. 16th September, 2021 to the respondent i.e. ROC, NER, Guwahati. It was further directed by this Bench to intimate that if no objections to the petition filed by the petitioner were not received, the matter would be disposed of accordingly by this Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rivate Limited was incorporated on 14.02.2001 and the aforesaid company was struck off on 09.06.2017 after complying with the provisions of Section 248 of the Companies Act, 2013. The Registrar of Companies has issued notices (STK -5) to the Companies as well as the Directors under section 248(1) of the Companies Act, 2013 read with Rule 7 of the Companies (Removal of the names of Companies from the Registrar of Companies) Rules 2016 for removal of name of the company from the register of the companies as there was reasonable cause to believe that the Company was not functioning or in operation for the period of last two (2) immediate preceding financial years and has not made any application within such period for obtaining the status of dormant company under Section 455 of the Companies Act, 2013. 20.VI Further, it is submitted that due to non-filing of Annual Returns by the Company, the competent authority drew an opinion that the Company was not carrying on business or in operation. Further, it is submitted that as per provisions 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 af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As per the records, the name of the company, M/S Akansha Tea Plantation and Trading Company Private Limited is the company that has filed its statutory return up to 2011-12 and thereafter it has not filed any return. 24. We consider the merits of the present appeal and documents annexed therewith. The petitioner has contended in the present petition that the company has been active since its incorporation. The failure on the part of the company to file the annual returns and financial statement was unintentional and not deliberate. However due to such reasons the ROC, NER, Assam, Struck off the name of the Company. 25. Considering the above stated aspects of the present appeal by perusing the material made available on record, we are of the considered view that it would be just and equitable to revive the name of the company M/S Akansha Tea Plantation and Trading Company Private Limited in the statutory register as being maintained by the Registrar of Companies, NER, Assam. 26. In exercise of the powers conferred on the Tribunal under section 252(3) of the Companies Act 2013, the present appeal is partly and conditionally allowed with directions and subject to the compliance of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
