TMI Blog2021 (12) TMI 1277X X X X Extracts X X X X X X X X Extracts X X X X ..... original status of the petitioner company as if the name 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 - Application allowed. - C.P No.06/252(3)/GB/2021 - - - Dated:- 23-11-2021 - HON BLE MR. H. V SUBBA RAO, MEMBER (J) And HON BLE MR. PRASANTA KUMAR MOHANTY, MEMBER (T) NONE - Petitioner Present NONE - Respondent through Video ORDER [ Per se: Shri Prasanta Kumar Mohanty, Member (T) ] 1. The Present appellant through this company appeal has sought for restoration of name of the company, i.e. M/S Akansha Tea Plantation and Trading Company Private Limited in the Register of Companies being maintained by the Registrar of Companies, Guwahati, Assam [The ROC for short]. The names of Company struck off from the statutory Register vide impugned order of the ROC w.e.f. 09.06.2017. 2. Being aggrieved with impugned action, the appellant, as being Shareholder of the above company, has prayed for following relief(s): A) Pass appropriate order directing the respondent to restore the name of the Company in the register with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose of striking off the name of the company from the Register maintained by the Registrar of Companies. 7. The petitioner states that the Respondent has not followed the procedures prescribed under Section 248(1) of the Companies Act, 2013, notices as required under Section 248(1) were not sent/were not received by the appellant and has issued notices under Section 248 (5) publishing the name of the petitioner company in the Official Gazette. Copy of the list of companies containing the name of the applicant as issued by the Respondent under Section 248(5) of the Companies Act, 2013 is annexed hereto and marked as ANNEXURE-2. And also, copy of master data evidencing the struck off the name of the applicant is also attached along with and marked as ANNEXURE-3. 8. The Petitioner also states that the Petitioner Company has been active since its incorporation and has also been maintaining all the requisite documentation, as per the provisions of the Companies Act, 2013. 9. It is submitted that the petitioner company did not receive any show cause notice, nor was it afforded any opportunity of being heard before the aforesaid action was taken by the Respondent. 10. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... financial years from 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18, 2018-19 2019-20 along with the filing fees and the additional fee, as applicable on the date of actual filing and with a certified copy of the Order of Tribunal for the restoration of the name of the company to the Register maintained by the Respondent etc. 14. It is submitted that unless the present petition is allowed, and the name of the Company is restored on the Register of the Companies maintained by the ROC, the petitioner as well as the shareholders shall suffer irreparable loss and hardship and will be highly prejudiced. The Petitioner submits that no prejudice will be caused to anyone if orders are made and/or directions are given as prayed for. 15. It is submitted of late, the Ministry of Corporate Affairs, Govt. of India, has un-veiled a new scheme called, viz. Companies Fresh Start Scheme, 2020 (CFSS, 2020), granting one-time opportunity, to the defaulting companies and to enable them to file related documents in the MCA registry, condoning the delay in filing the Annual Returns and Financial Statements, to enable them to fresh start on a clean state. The scheme has been notified vide ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can strike off the name of a Company from its register after complying with certain formalities as provided by the said section when he has reasonable cause to believe that the company is not carrying on business or in operation. 20.III The competent authority has struck off the name of the petitioner Company under Section 248 of the Companies Act, 2013 since he had reasonable cause to believe that the M/s Akansha Tea Plantation and Trading Company Private Limited (hereinafter referred to as the Company ) was not carrying any business since incorporation. 20.IV It is evident from the records that the Company has not filed its Balance Sheet since its incorporation with the office of the respondent. As per Section 252 of the Companies Act, 2013, a struck off company can be restored only on the direction of the Hon ble 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 Hon ble NCLT, while passing an order for restoration, is to be satisfied that the company is carrying on business or in operation. 20.V That as per the available records maintained by the office of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s own merits directing petitioner to file all the pending statutory returns with the additional fees within 30 days from the date of passing of the order failing which the respondent may be directed to strike of the name of the company again without giving any further notice to the petitioner. 20.IX Subject to the submissions made in para 1 to 8 above, the Hon ble NCLT may kindly pass such further order or orders be made and/or direction or directions be given as may deemed fit and proper. ORDER 21. We heard the Ld. Counsel for the petitioner and perused the Documents and reply of R1. As per the record, the petitioner has preferred the present appeal under section 252(3) of the Companies Act as being the shareholder and Director of the deregistered company. He is 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. 22. As per the records the name of the company, M/S Akansha Tea Plantation and Trading Company Private Limited got struck off from the Register of Companies and dissolved 09.06.2017 (followed by a Gazette notification published in this respect), while the present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r revival of company pursuant to orders of Hon ble NCLT in C.P. No 06/252(3)/GB/2021; 26.V The Petitioner is directed to deliver a certified copy of this order with Registrar of Companies, Assam within thirty days of the receipt of this order; 26.VI On such delivery and after due compliance with the above directions, the Registrar of Companies, NER, Assam is directed to publish the order in the Official Gazette under his office name and seal; 26.VII 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, NER, Assam 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. 27. The C.P No.06/252(3)/GB/2021 is disposed of with the above directions. 28. The Registry is directed to send e-mail copies of the order forthwith to all the parties inclusive of the Counsel. 29. Urgent certified copy of this order, if applied for, be issued upon compliance with all requisite formalities. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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