NCLT ordered Restoration from the Date of Strike off

Case: Narendra Popatlal Barhate v. Registrar of Companies, Pune

NCLT Bench: Mumbai Bench

Struck off by: ROC, Pune

Grounds for striking off by ROC:

Not carrying on business or not into Operation under Section 248(1)&(2).

     

Application of Restoration –

Appeal Filed by Shareholders of the company under section 252(3) of the Companies Act, 2013 to restore the name of the company from the date of strike off and treat the company as if it had never been struck off and to enable the company to continue to function as an operating company and be given 2 months’ time to file the Financial Statements and Annual Returns as on 31.03.2016.

Facts of the case:

·         The ROC, Pune issued a notice pursuant to Section 248(1) and (2) of the Companies Act, 2013 to the company intending to remove the name of the company from Register of companies. (11/03/2017)

·         The company has given a reply stating company is active and doing business, however due to sheer inadvertence, the filing of the company is pending which will be completed within a period of 30 days. (23/03/2017)

·         Despite reply ROC issued Notice in STK-5 (07/04/2017) and STK5A (27/04/2017)

·         Meantime, the company has filed the financial statement for the financial year ended 31.03.2015 and informed the same to ROC (10/05/2017)

·         ROC struck off the name of the company and published the same in official gazette (22/07/2017)

·         As the name of the company was struck off, the company was unable to file financial statements for financial year ended 31.03.2016, though it was ready to file.

Evidence submitted by Company as a proof of Company is carrying on business:

·         List of employees about 38 in numbers

·         Various purchase order

·         Bank Statements of 2 Bank Accounts from Jan-17 to June-17.

·         Copy of Registration under Shop & Establishments, Act.

·         Invoices Raised by company Jan - Aug 17     

·         Service Tax returns  Jan - Aug 17

·         TDS returns Jan - Aug 17

·         Software instalment  basis Jan - Aug 17         

·         Salary statement and Instruction to banker to credit the salary to employees account. Jan - Aug 17

·         Electricity Bills  Jan - Aug 17

·         Telephone Bill Jan - Aug 17

Order passed:

NCLT bench taken view that, the Company was in existence and it is a going concern and hence, directed ROC, Pune to restore the name of the company from the date of strike off of the company and treat the company as if it has never been struck off.