TMI Blog2022 (6) TMI 993X X X X Extracts X X X X X X X X Extracts X X X X ..... record. Under Section 248 of the Companies Act, 2013 before striking off the name of the company from the register of the Respondent, notice is requested to be given to the company which in this case has not been done. The Respondent should be directed to restore the name of the company to the like and / or to the register of the respondent and the respondent be directed to rectify the master data by modifying the status from Strike Off to Active within the specific time as this Hon ble Tribunal may deem fit and proper - Application allowed. - C.P No. 13/252(3)/GB/2022 - - - Dated:- 21-6-2022 - HON BLE MR. ROHIT KAPOOR, MEMBER (J) And HON BLE MR. PRASANTA KUMAR MOHANTY, MEMBER (T) ORDER [Per: Hon ble Shri Prasanta Kumar Mohanty, Member (T)] 1. The Present petition/appeal has been filed under section 252(3) of the Companies Act by the Appellant seeking restoration of name of the company, i.e. Mangang Constructions Private Limited in the Register of Companies being maintained by the Registrar of Companies, Guwahati, Assam [ROC for short]. 2. The name of Company was struck off from the statutory Register vide impugned order of the ROC on 08.02.2022. Being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in objects for which the company was formed is set out in Clause III (A) of the Memorandum of Association of the Company. A copy of the Memorandum Articles of Association of the Company has been annexed hereto and marked as Annexure A-2. 4.4. The Present Directors of the Company are: a. Humane Mutumcha S/o Kunjamohan Mutumcha Tera Loukrakpam Leikai, Imphal, Lamphelpat sub-Division, Imphal West, Manipur-795001. b. Ranjit Changakham S/o Ibocha Chingakham, Khumbong Bazar, Langjing, Imphal West, Manipur-795113. 4.5. The Shareholding Pattern of the Company is as follows: SL NO. Name No. of share s Percentage of shareholdings 1. Humane Mutumcha 40000 88.89 2. Ranjit Chingakham 5000 11.11 Total 45000 100.0 4.6. The petitioner went to the Office of the Respondent to enquire about the filing of the Balance sheet and Annual Returns of the said company wherein the Petitioner was informed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same would appear from the Balance sheet of the company. The company is not defunct as per the meaning of the provisions of Section 248 of the Companies Act, 2013. The copies of Balance sheets for Financial Year 2014-15,2015-16, 2016-17,2017-18 and 2018-19 showing business operations are collectively annexed herewith. 4.12. The company is engaged in the business of real estate and also carrying the same business activities at present and the same is evident from the Balance sheet and Profit and Loss Account of the Company, already annexed as stated above. The highlights of the financial position of the Company are given below. Financial Year Turnover (Amount in Rs.) Inventories (Amount in Rs. ) Cost of material Consumed (Amount in Rs.) Fixed Ass ets (Amount in Rs.) 2014-15 82,94,58,850 2,88,96,391 71,44,41,105 87,81,370 2015-16 87,46,87,390 187,46,393 72,09,43,548 93,99,581 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9. The petitioner being the shareholders submit that the petition is being filed under the provisions of Section 252(3), so as their right of shareholders to receive their amount of contribution to the company as a member are protected. The rights of shareholders to receive their contribution of money could only be established once the company is active and is well functioning to generate the overall revenue and in turn lead economic growth of the country as a whole by increasing its GDP. 4.20. The Petitioner was unaware of the notification regarding striking off the name of the company from the Registrar of the Respondent as no notice as required under Section 248 of the said Act, was given to the Company. The Petitioner came to know about the same only when the representative of the Company went to file the statutory documents as per the requirements of the Act and immediately the Directors of the petitioner company visited the Registrar of Companies, Guwahati and requested to change the status of the company from Strike Off to Active so that the statutory compliance can be made as per the requirements of the Act. But the Respondent expressed his helplessness to make any c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at in terms of the said provisions, the Hon ble NCLT while passing an order for restoration it is to be satisfied that the company is carrying on business or in operation. 4.5 As per the available records maintained by the office of the Registrar of Companies, Guwahati M/s Mangang Constructions Private Limited was incorporated on 22.05.2009 and the aforesaid company was struck off on 08.02.2022 after complying with the provision of Section 248 of the Companies Act, 2013. The Registrar of Companies has issued notices (In form STK-1) to the company as well as the directors under 248(1) of the Companies Act, 2013 read with Rule 7 of the Companies (Removal of names of 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 are reasonable cause to believe that the Company was not carrying any business or operation for a period of two immediately preceding financial years and have not made any application within such period for obtaining the status of Dormant Company under Section 455. Further, published STK-5 notice in two (2) newspaper (English Assamese) and also in the official Gazette. 4.6 A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er has preferred the present appeal under section 252(3) of the Companies Act as being the Shareholder 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. 7. As per the records the name of the company, Mangang Constructions Private Limited got struck off from the Register of Companies on 08.02.2022 (followed by a Gazette notification published in this respect), while the present appeal has been filed on 12.04.2022. Hence it is found to file within limitation. 8. As per the records, the name of the company, Mangang Constructions Private Limited is the company that has not filed its statutory return since Financial Years 2016-17 to 2020-21. 9. 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 reason the ROC, Guwahati Struck off the name of the Company. 10. He ..... X X X X Extracts X X X X X X X X Extracts X X X X
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