Isakkha Pathan Vs Registrar Of Companies Pune

1. This present Petition has been filed under Section 252(1) of the Companies Act, 2013 (hereinafter as Act) by the director of "Mariya Security Services Private Limited" (company) praying for restoration of its name in the Register of Companies maintained by the Registrar of Companies, Pune (hereinafter as ROC).

2. The name of the company was struck off from the Register on account of the reasons that it was not carrying on any business operation for a period of last two financial years. The ROC has published a public notice for Striking off and Dissolution of Company i.e. STK-7 dated 26.10.2022.

Submissions from the Petitioners:

3. The petitioner submits that the Company is incorporated under the Companies Act, 2013 on 24.10.2020. The company is engaged in the business of providing security services. The company is carrying on the business since its incorporation and has been active since then.

4. The company has been filing Income Tax/GST/TDS returns within stipulated time and the same is annexed to the petition.

5. The company has prepared the Annual Accounts for the year ended 31.03.2021 and 31.03.2022, the same were approved at the respective Annual General Meeting, however due to inadvertence the same were not filed with ROC, Pune. The details of the Board of meeting and Annual General Meeting are as follows:

6. Petitioner submits that the said accounts were prepared much prior to the Notice under Section 248 was issued to the Company. However, inadvertently the said accounts were not filed with the ROC, Pune.

7. The company’s bank statement shows that the Company was active and carrying business on day to day basis from its incorporation. The copy of the bank statement is annexed to the petition.

8. The public notice under Form STK-5 was published on MCA Portal on 24.08.2022 (Public Notice No. ROCP/STK-5/S-248(1)(d)/2022/1675. Subsequently, STK-7 was also published on 26.10.2022 (Form STK-7 vide No.ROCP/STK/10-A/488/2022/1468/1584) which is annexed to the petition.

9. The notice on the Respondent/ROC, Pune was duly served on 05.06.2023. Despite notice, neither ROC. Pune appeared nor filed any report/reply. Hence, the ROC, Pune was set ex parte on 24.07.2023.

FINDINGS

10. The facts and circumstances of the case show that the relevant documents which are required to be filed, are ready with the company and the company is willing to file the same, if so permitted.

11. The petitioner enclosed the Annual Accounts for the year ended on 31.03.2021 and 31.03.2022 and copy of the Bank Statements to show that the company is in continuous operation.

12. Upon considering the facts and circumstances of this present petition, this Bench is of the view that, it would be just and fair to order restoration of the name of the company in the Register of Companies maintained by the ROC, Pune.

13. Accordingly, this Petition is allowed. The restoration of the Company's name to the Register of Companies maintained by the ROC, Pune is hereby ordered, with a direction that the Company shall comply with the Provisions of the Act and further it will be subject to payment of costs of Rs. 25,000/- per each defaulted year to be paid online to Bharat Kosh and submit proof of such payment to the concerned ROC within one week of this order getting uploaded on the site of this Tribunal. Consequentially thereupon the Bank Account/s if freezed shall get defreezed and to be operated by the Company.

14. The ROC, Pune shall give effect of this Order only after perusal of the Compliance report of cost imposed. The Company is directed to file all the required financial documents upto date and shall fulfil other relevant statutory compliances within 30 days from Restoration of its name in the Register of Companies maintained by ROC, Pune.

15. Post restoration, Registrar of Companies will be free to take any necessary action subject to appellant’s filing of all outstanding documents, along with payment of fees or other charges, if any, as required by law.

16. Appeal stands allowed and disposed of in above terms.