Rajeswara Rao Vittanala, Member - (1.) The Present Company Application bearing CA. NO.147/252/HDB/2017 is filed by Rajesh Sandhi Infras & Metals Private Limited & Others, under Section 252 of Companies Act, 2013 by inter-alia, seeking following reliefs: a) to issue notice to the Respondent / Registrar of Companies and the Respondents arrayed in this Appeal in terms of Section 252 of the Companies Act, 2013; b) to nullify / set aside the order of the First Respondent's Office in striking off the name of the Appellant Company under Section 248 of the Companies Act, 2013 and restore the name of the Company in the Register of Companies; and to set aside the Notice / Statement issued by Respondent No.1 in respect of disqualification of Directors to the extent of applicable to the Appellate Company. c) to Change the status of the Company from 'Strike off to 'Active' to enable the Appellant Company to upload the Returns for the years 2013-14, 2014-15 and 2015-16 upon payment of requisite fee together with additional fees; d) to direct the Registrar of Companies / First Respondent, Hyderabad to accept the filling of Annual Return for the years 2013-14, 2014-15 and 2015-16, as per the law with payment of late fee / additional fee; and consequently to allow the Appellant Company to continue and operate its all existing Bank Accounts free from all encumbrances, if affected by the order(s) of the Respondents; e) to direct the Respondents to activate the DIN Nos.05300687, and 05300706 of the Appellants 2 and 3 to enable them to file the documents / e-forms on MCA Website.
(2.) Brief facts of the case, as mentioned in the application, are as follows: a) M/s. Rajesh Sindhi infras Et Metals Private Limited (hereinafter referred to as the Company) was incorporated in Hyderabad on 03.07.2012 as a Private Limited Company, under the provisions of Companies Act, 1956. Mr. Sandhi Rajesh, and Mr. Surya Kumar Varma (Petitioners / Appellants) are the present Directors of the Company with DIN 05300687 and DIN05300706 respectively. b) The main objects of the Company are to carry on business as Contractors, sub-contractors for Engineering, Road, Civil, Irrigation, Environmental, Electrical, Chemical, Fertiliser, etc., and its Authorised Share Capital of the Company is Rs.51,00,000/-divided into 51,00,000 Equity Shares of Rs.1/- each. The current Issued, Subscribed and Paid-up capital of the Company is Rs. 1,00,000/- divided into 1,00,000/- Equity Shares of Rs.1/- each. The entire paid up share capital of Rs.1,00,000/- is held by Mr.Rajesh Sandhi and relatives. c) The Company has been carrying on its operations and the requisite annual filing for the Financial years 2013-14, 2014-15 and 2015-16 with ROC could not be filed and the Company was let down by the Assistant of the Practising Company Secretary, who had promised to file the same within the stipulated time and Company tried to file the non-filing of returns for the Financial years through MCA Webportal, it was found that the 1st Respondent has already struck of f the name from its rolls and the MCA site. d) The 1st Respondent has struck off the name of the Applicant Company from Register of Companies maintained by ROC, under Sub section (4) and (5) of Section 248 of the Companies Act, 2013. As per law, the Respondent should have sent a Notice in Form No.STK-1, and thereafter a Public Notice in From No.STK-5 followed by another public notice in Form No.STK-7. Neither Applicant nor the Directors of Company have received notice in Form No.STK-1 either physically or electronically, except displaying a Public Notice in Form No.STK-5 vide No. RQC/HYDERABAD/STK-1 /Revised, dated 05.05.2017 and Form No. STK-7 vide No.ROC(H) 248(5) /STK-7/2017 dated 21.07.2017 ink the Portal maintained by the MCA, which in turn given effect of Striking Off of the Applicant Company from the Register of Companies maintained by the ROC. The Company's Master Data maintained by the ROC in the MCA Portal is also showing the company status as "Strike Off" e) The Office of the Registrar of Companies grossly struck of the name of the Company from the Rolls of Registrar of Companies, without following the proper procedure prescribed for striking off the name of the Company in terms of Section 248 of the Companies Act, 2013. Basing on non-filing of the returns for the last three years in respect of the Financial Years i.e., 2013-14, 2014-15 and 20-15-16, the RoCs Office has arrived a conclusion that the company had not been carrying on any business or operation for a period of three years immediately preceding Financial years, in spite of the fact that the Balance Sheet filed by the Company with the Registrar of Companies / First Respondent's office for the year 2012-13 clearly shows that the Appellant Company has the Trade Debtors and Creditors in the books of Accounts of the Appellant Company amply clarifies the existence of the business as well as operations of the Appellant Company. Therefore, it is submitted that the Company could not struck from the roles of the RoC. It is running its services and balance sheet showing the Assets and Liabilities of the Applicant company for the financial years 2013-2014, 2014-15 & 2015-2016 are follows: JUDGEMENT_121_LAWS(NCLT)10_2017_1.html   f) The Company was registered in the year 2012 and commenced its business activities. The Company has recorded sales turn over in several crores and is regular in paying the Income Tax and other statutory dues from time to time and it has Trade Creditors and Trade Debtors. g) The Creditors and the Shareholders will badly be affected if the Appellant Company's name is struck off and their legal rights to recover the amount get diluted. The non-filing of the returns by the Appellant Company is due to failure of the staff of the practicing Company Secretary, who was entrusted to take care of the company under the provisions of the act, 2013 and thus, the non-filing of the returns is neither wilful nor voluntary on the part of the Appellant Company and under any circumstances non-filing of returns ought not have been construed that the Appellant Company became either dormant or defunct to proceed against such company for being struck off from the rolls of the Respondent.
(3.) Heard Shri D.VijayaBhaskar , learned Counsel for the Applicants/Appellants' and Shri R.C. Mishra, Registrar of Companies and have also carefully perused all pleadings along with extant provisions of Companies Act, 2013 along with consequential rules made there under.;