TMI Blog2022 (5) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner through this Company Petition has prayed for restoration of name of the company, i.e. Well Will Infrastructures Private Limited in the Register of Companies being maintained by the Registrar of Companies, Guwahati, Assam [ROC for short]. The names of Company struck off from the statutory Register vide impugned order of the ROC on 23.07.2018. 2. Being aggrieved with impugned action, the Petitioner, as being director of the above company, has prayed for following relief(s): a) To pass appropriate order admitting the petition. b) To pass appropriate order directing the respondent to restore the name of The Company in the register with immediate effect in terms of the Section 252 (3) of the Companies Act, 2013. c) To pass order in terms of Section 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 as may be as if the name of the Company has not been struck off. d) To pass other and further orders as this 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: 3.1 Well ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... low the said company to file the return on receipt of late fee in addition to the fee for filling of returns, on payment of requisite fee as well as additional fee, the filing of requisite document could be rectified, on such rectification, there is no violation of any provision of the Act under the Companies Act. 3.3.6 The Statutory returns have not been filed in time, the applicant took immediate steps for filing of statutory returns before the Registrar of companies. Accordingly, the company has prepared all requisite documents for filing of returns before the Registrar of Companies. The requisite returns could not be filed in due time. 3.4 The petitioner states that the respondent i.e. the ROC, N.E Region, struck off the petitioner s name from the Register maintained by the ROC under section 248 of the Companies Act, 2013 on the ground of non-filing of financial statements and annual return for the financial year since FY 2014-2015. The Notice of Registrar of Companies dated 23.07.2018 published in the MCA Website and master date evidencing the struck off the name of the company has been annexed. 4. The ROC, Guwahati in response to the present Petitioner has filed its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 4.6 Due to non-filing of Annual Return 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 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 13.09.2018 was issued by the Registrar of Companies, Guwahati reflecting the name of the company as strike off w.e.f 13.09.2018. The petitioner company s name is appeared at Sl. No 105 of the Registrar of Companies notice (STK-7) dated 13.09.2018 and the same was published in the Official Gazette. 4.7 The directors of the company namely Umesh Chandra Boro has been disqualified as director under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition has been filed on 24.01.2022. Hence, it is found to be filed within limitation considering the exemption due to Covid Pandemic 7. As per the records, Well Will Infrastructures Private Limited has not filed its statutory return since 2014-15. 8. We consider the merits of the present Petition 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 reason the ROC, Guwahati Struck off the name of the Company. 9. Heard the Ld. Counsel for the petitioner and considering the above stated aspects of the present appeal by perusing the materials made available on record along with the report of the ROC, we are of the considered view that it would be just and equitable to revive the name of the company Well Will Infrastructures Private Limited in the statutory register as being maintained by the Registrar of Companies, Guwahati. 10. In exercise of the powers conferred on the Tribunal under section 252(3) of the Companies Act, 2013, the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X
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