Rajeswara Rao Vittanala, Member - (1.) The Present Company Application bearing CA NO.150/252/HDB/2017 is filed by M/s. Samyuktha Cold Storage and Trading Company Private Limited, under Section 252(3) of Companies Act, 2013 R/w NCLT Rule 2016 and R/w Rule - 87A of the National Company Law Tribunal (Amendment) Rules, 2017, by inter-alia seeking the following reliefs: a) to pass an order for restoration of the name of the applicant in the Registrar of Companies maintained by the Registrar of Companies, Andhra Pradesh and Telangana; b) direct the Register of Companies to place the Company and all other persons in the Company such as Directors, Shareholders, Employees and all other related to the Company are in the same position as nearly as may be as if the name of the Company had not been struck off from the Register of Companies; c) order that the applicant shall deliver a certified copy of the order of this tribunal to the Register of Companies (ROC) within 30 days from the date of the order in physical form; d) order that upon delivery of the physical form of the certified copy of the order of this tribunal, the Registrar of Companies (ROC) enables the applicant to deliver the order through electronic mode in the form of an attachment to INC-28 or with any other relevant form as prescribed by Ministry of Corporate Affairs; e) order that upon such delivery, the Registrar of Companies do, in his Official Name and Seal, publish the order in the Official Gazette enabling the Company to be in the Register of Companies maintained by ROC; f) allow the applicant to file pending Financial Statements and Annual Returns with ROC within 30 days, from the date of enabling the applicant by ROC in his portal, to file such documents under e-filing with requisite fee and additional fee as prescribed under section 403 of the Companies Act, 2013 read with Rule 12 of the Companies (Regulation of Offices and Fees) Rules, 2014, or on or before a date prescribed by the Hon'ble Tribunal; g) order that upon delivery of the certified copy of the order of this Hon'ble Tribunal, the Respondent issue a letter in his official name and seal addressed to the RBI that the Applicant Company's name has been restored in the Register of Companies and the Bankers shall defreeze the Bank Accounts of the Applicant Company and h) to pass such other order(s) as may be deemed fit in the interest of justice.
(2.) Brief facts of the case, as mentioned in the application, are as follows: JUDGEMENT_120_LAWS(NCLT)10_2017_1.html a. M/s. Samyuktha Cold Storage and Trading Company Private Limited (which is referred to as company herein after) was incorporated under the Companies Act, 1956 on 19.03.1998 as a Private Limited Company with the Registrar of Company, Hyderabad vide CIN:U63022TG1998PTC029074 and its Registered Office is situated at Plot No. A-9, Street No. 13, IDA Nacharam, Hyderabad, Telangana-500076. b. The main objects of the company is to erect, build, establish, manage, purchase, take on lease or otherwise acquire and provide for refrigeration and to carry on and undertake, storage, packing, removal, carrying, delivery and sales and exchange of fruits and vegetables and all kinds of agricultural and other goods and generally to carry on business of Cold Storage at different places etc. c. The Authorised Share Capital of the Company is Rs.1,00,00,000/- (Rupees One Crores only) divided into 10,00,000 (Ten Lakhs) Equity Shares of Rs.10/- (Rupees Ten only) each. The Issued, Subscribed and Paid-up Share Capital of the Company is Rs.73,40,000/- (Rupees Seventy Three Lakhs Forty Thousands Only) divided into 7,34,000 (Seven Lakhs Thirty Four Thousand) Equity Shares of Rs.10/- each. The Company is having 38 Shareholders. d. As per the records maintained by the Ministry of Corporate Affairs, the details of Directors including their date of appointment and DIN numbers etc are as follows: e. As per Section 164(2) (a) of the Companies Act, 2013, all the Four Directors are not disqualified and they have not been appointed in any other company as Directors except in the present Applicant Company. f. The Company has not filed Annual Returns for the financial years 2014-15 and 2015-16. Hence the Company was served STK-5 notice vide ROC/HYDERABAD/STK-2/Revised and STK-7 vide No. ROC (H) /248(5) /STK-7/2017, U/s 248(1) , (4) and (5) of the Companies Act, 2013 for non-filing of Annual Returns. g. The Company is Carrying out its business successfully from the date of its incorporation and is conducting the Annual General Meetings regularly in Compliance with the provisions of the Companies Act, 1956 as well as the provisions of Companies Act, 2013, whichever is in force at the relevant period, and the Company has filed the Income Tax returns with the Income Tax Department regularly. h. The Annual Accounts and the Annual Returns pertaining to only two financial years i.e. 2014-15 and 2015-16 are to be filed. The applicant shall be able to complete its filing of pending Annual Returns and Financial Statements, upon granting of the prayers stated in this application, and when the name is restored and change its status from 'Strike Off to 'Active' in the Register of Companies maintained by the ROC and change. i. It is running its services and balance sheet showing the Assets and Liabilities of the Applicant company for the financial years 31.03.2015, 31.03.2016 are revenue from operations is Nil. j. The Company has commenced business in the recent past and it is ready to file its pending returns and income tax returns as required under the act and requesting to change the status of the Company to active from strike off and give such directions to the Registrar of Companies.
(3.) Heard Shri V.Venkata Rami Reddy, learned Counsel for the Applicant and Shri R.C. Mishra, Registrar of Companies and have perused all pleadings along with extant provisions of law.;