Rajeswara Rao Vittanala, Member - (1.) The Present Company Application/appeal bearing CA.No.149/252/HDB/2017 is filed by the M/s. KNR Infracon Private Limited, under Section 252 (3) of Companies Act, 2013 r/w 87A of the NLCT(Amendment) Rules, 2016 by seeking following reliefs: a) to pass an order for restoration of the name of the applicant in the Register of Companies maintained by the Registrar of Companies, Andhra Pradesh and Telangana; b) to direct the Registrar 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) to order that the applicant shall deliver a certified copy of the order of this tribunal to the Registrar of Companies (ROC) within 30 Days from the date of the order in physical form; d) to 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) to order that upon such delivery, the Registrar of Companies (ROC) 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) to 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 Companies (Regulation of offices and Fees) Rules, 2014, or on or before a date prescribed by the Hon'ble Tribunal; etc
(2.) Brief facts of the case, as mentioned in the application, are as follows: a. KNR INFRACON PRIVATE LIMITED (hereinafter referred to as the Applicant) was incorporated under the Companies Act, on 28th April 2010 as a Private Limited Company with the Registrar of Companies, Hyderabad. b. The Company is established with main object to carry in India or elsewhere, either alone or jointly with one or more person, Government, local or other bodies, the business to construct, build, alter, acquire, convert, improve, design, erect, establish, equip, develop, dismantle, and to act as civil engineer, architectural engineer, interior decorator, consultant, advisor, agent, broker, supervisor, administrator, contractor, turnkey contractor and manager of all types of constructions, development works in all branches such as roads, bridges, ways, dams, railways, reservoirs, canals etc., and its Authorized Share Capital of the Applicant is Rs. 1,00,00,000/- divided into 10,00,000 Equity Shares of Rs.10/- each. The Issued, Subscribed and Paid-up Share Capital of the Applicant is Rs. 1,00,000/- divided into 10,000 Equity Shares of Rs.10/- each. c. The details of Directors as per the Master data maintained by the Ministry of Corporate Affairs including their date of appointment and DIN numbers as on the date of this petition are furnished hereunder: d. The Company is Carrying out its business successfully from the date of its incorporation and is conducting the Meetings of Board of Directors as well as 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. The Company has filed its returns up to the financial year ended 31st March, 2014 with Registrar of Companies, Hyderabad. e. The Company has held its Annual General Meetings for the Financial Years ended 31st March 2015 and 31st March 2016 on 30th September 2015 and on 27th September 2016 respectively and the Company has filed the Income Tax returns with the Income Tax Department regularly. f. The none of the Creditors/Shareholders or any person/persons or any Body Corporates at large will be prejudiced if the name of the Company is restored in the Register of Companies maintained by the Registrar of Companies. g. 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 in the Register of Companies maintained by the ROC. h. The financial year 2014-15, there were investments to the tune of Rs. 51,77,000/- and the other current liabilities to the extent of Rs. 53,21,412/-. The same were adjusted upon carrying out the business during the financial year 2015-16. i. The ROC has struck off the name of the applicant company, from Register of Companies maintained by ROC, under Sub Section (1) , (4) and (5) of Section 248 of the Companies Act, 2013.Procedurally, ROC should have sent a Notice in Form No.STK-1, and thereafter a Public Notice in Form No. STK-5 followed by another public notice in Form No. STK-7. Whereas neither applicant nor the Directors received notice in Form No. STK-1 either physically or electronically. However ROC has displayed a public Notice in Form No.STK-5, vide No. ROC/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 in the portal maintained by the Ministry of Corporate Affairs. The Company's Master Data maintained by the ROC in the MCA portal is also showing the company status as "Strike Off".
(3.) Heard Mr.V.Venkata Rami Reddy, learned counsel for the Applicant Company and Mr. R.C.Misra, Registrar of Companies and have perused all pleadings along with extant provisions of law.;