Manorama Kumari, Member - (1.) The petitioner has filed this appeal under Section 252 of the Companies Act, 2013 against the order of the Registrar of Companies whereby the name of the company, M/s. Kasak Abasan Private Limited was struck off from the register of companies. The petitioner, represented by Shri Sanjib Podder, claims to be a shareholder and Director of the company. In the instant appeal, he has also prayed for restoration of name of the company in the register maintained by the Registrar of Companies as also other consequential directions.
(2.) The Registrar of Companies has submitted his report dated 18-07-2017 along with the statement showing calculation of filing fees and additional fees payable for e-filing the pending documents. In his report he has, inter alia, stated that (i) the then competent authority had a reasonable cause to believe that the company (incorporated on 11-07-2007) was not functioning or in operation and marked the status of the company as 'Strike off in the Ministry of Corporate Affairs' portal on 16-07-2012; (ii) the petitioner, Shri Sanjib Poddar is the Director of the company as per available records in the MCA 21 portal; (iii) As per available records, the company has not filed its Balance sheets since 31-03-2008 onwards and Annual Returns since 31-03-2008; (iv) if the status of the company is allowed to become 'Active', the petitioner company may be directed to file all its arrear documents including balance sheets and annual returns up to the year 2016 with normal filing fees and additional fees as applicable in the online mode of Ministry of Corporate Affairs (MCA) system.
(3.) In the Calculation Sheet submitted along with the aforesaid report, the Registrar of Companies has indicated a total amount of Rs. 1,40,400/- (Rupees one lac forty thousand four hundred only), on account of filing fees and additional fees payable by the company to the Central Government, if the statutory records not filed earlier, were to be filed now. The petitioner accepts such position and is agreeable to pay the said amount as indicated in the calculation sheet (Annexure "A" to the report) as reproduced herein: ;