Rajeswara Rao Vittanala, Member - (1.) The present Company Application bearing CA.No.148/252/HDB/2017 is filed by KPC Infrastructures Limited, under section 252(3) of the Companies Act, 2013 Read with NCLT Rules, 2016 and Rule 87A of the NCLT (Amendment) Rules, 2017 by seeking the following relief: 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 Director, 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 Registrar 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 from 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 in the Register of Companies maintained by the 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 office and Fees) Rules, 2014, on or before a date prescribed by the Hon'ble Tribunal.
(2.) Brief facts of the case, as mentioned in the application, are as follows: a) KPC Infrastructures Limited (herein referred to as Applicant) was originally incorporated under the Companies Act, on 31.03.2009 as a Limited Company with Registrar of Companies, Hyderabad under the name style of KCP Infrastructures Limited. Later on the name of the Company has been changed to KPC Infrastructures Limited on 17th January, 2012 and having its registered office and the shown as in the cause title. b) The Company is established with main objects 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, pull down, repair maintain etc.. Its Authorised Share Capital of the Applicant is Rs.50,00,000/- divided into 5,00,000 Equity Shares of Rs.10/- each. And Issued, Subscribed and Paid-up Share Capital of the Applicant is Rs.7,50,000/- divided into 75,000 Equity Shares of Rs.10/- each. c) As on the date of this application, the Applicant Company has (7) Shareholders and the details of Directors, as per the master data maintained by the MNC including their DIN Nos. as on the date of this petition are as follows: It is submit that the above three directors of the Applicant Company are not disqualified under Section 164 (2) (a) of the Companies Act, 2013. d) The Company is carrying out its business successfully from the date of its incorporation and is conducting the Meeting of Board of Directors as well as General Meetings regularly in compliance with the provisions of the Company Act, 1956 as well the provisions of the Companies Act 2013 whichever is in force at the relevant period. It has filed its returns upto the Financial Year ended 31st March, 2014 with Registrar of Companies, Hyderabad. The Directors thought that the Financial Statements/Annual Accounts/Annual Reports as at 31.03.2015 and 31.03.2016 and Annual Returns for the Financial Years 2014-15 and 2015-16 can be filed belatedly with additional fee with Respondent. It is neither intentional nor deliberate. e) The Company held its AGMs for the Financial Years 31.03.2015 and 31.03.2016 on 30.09.2015 and on 27.09.2016 respectively. The Company has filed the Income Tax Returns with the Income Tax Department regularly. 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 is Rs.68,47,892/- & Rs.68,20,600/-respectively. f) It is stated that none of the Creditors/Shareholders or any person/persons or any Body Corporate at large would be prejudiced if the name of the Company is restored in the Register of Companies maintained by the Registrar of Companies. By virtue of impugned action, the Company, its Stakeholders including employees and their families are suffering a lot. Moreover, the Company is planning to enter into business of the construction of various residential accommodations to various groups of people on affordable rates. The Company also expressed its readiness to file all pending returns in question with prescribed fee/addl fee within time granted by the Tribunal. g) The Respondent 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 From No.STK-5 followed by another public notice in Form No.STK-7. Neither Applicant nor the Directors received notice in Form No.STK-1 either physically or electronically, except displaying a Public Notice in Form NoSTK-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 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"
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