Rajeswara Rao Vittanala, Member - (1.) The Present Company Application bearing CA. NO.154/252/HDB/2017 is filed by Nutrivet Health Private Limited, under Section 252 of Companies Act, 2013 by inter-alia, seeking following reliefs: a) to issue notice to the Respondent/ Registrar of Companies in this Appeal in terms of Section 252 of the Companies Act, 2013; b) to nullify the order of the Respondent's Office in striking off the name of the Company under Section 248 of the Companies Act, 2013. c) to change the status of the Company from 'Strike off to 'Active' to enable the Company to upload the Returns for the years 2010-2011, 2011-2012, 2012-2013, 2013-2014, 2014-2015 and 2015-2016 upon payment of requisite fee together with additional fees. d) to direct the Registrar of Companies, Hyderabad to accept the filing of Annual Accounts and Annual Returns for the years 2010-2011, 2011-2012, 2012-2013, 2013-2014, 2014-2015 and 2015-2016 as per the law with payment of late fee. e) to direct the bank manager of State Bank of Hyderabad at. its B.N.Reddy Nagar Branch where the Company operates its current account to permit the Company to operate the bank account; etc.
(2.) Brief facts of the case, as mentioned in the application, are as follows: a) M/s.Nutrivet Health Private Limited (hereinafter referred to as the Company) was incorporated in Hyderabad on 16.10.2009 as a Private Limited Company with the name and style as BVR BREEDERS PRIVATE LIMITED under the Companies Act, 1956 and subsequently the Company's name has been changed to NUTRIVET HEALTH PRIVATE LIMITED w.e.f.30.07.2012. b) The main objectives for which the Company was incorporated, as given in the Memorandum of Association are to carry on in India or elsewhere the business to establish hatcheries, poultry farms, animals husbandry centers, aquaculture farms, animal farms and to manufacture, produce, manage, protect, preserve, cherish, tin, pack, process, cut, clean, dry, import, export, buy, sell, distribute, supply or otherwise to deal in all types of animal products, poultry products and allied goods including eggs, meat and edible offals of live horses, asses, mules, ninnies, swine, sheep, goats, fowls, ducks, geese, rabbits, mice, fish, turkeys, guinea fowls, pigs, birds, whether fresh, chilled, frozen, salted, inbrine, dried, smoked or otherwise and to provide, render, arrange or service all types of health related activities such as preventive administration of the required medicines to the live animals such as swine, sheep, goats, fowls, ducks, geese, rabbits, mice, fish, turkeys, guinea fowls, pigs, etc. and its Authorised Share Capital of the Company is Rs. 1,00,000/- (Rupees One Lakh only) divided into 10,000 (Ten Thousand only) equity of Rs.10/- (Rupees Ten only) each. The current issued, subscribed and paid-up capital of the Company is Rs.1,00,000/- (Rupees One Lakh only) divided into 10,000 (Ten Thousand only) equity shares of Rs.10/- (Rupees Ten only) each. c) The Company has been carrying on its operations and the requisite annual filings with ROC could not be filed for the last six financial years 2010-2011, 2011-2012, 2012-2013, 2013-2014, 2014-2015 and 2015-2016, and the Company was let down by the staff of the consultant professional who had promised to file the same within the stipulated time. d) The Company has filed its returns up to the financial year 2009-2010, with Registrar of Companies, Hyderabad. The Company has filed its Income Tax Returns with in the stipulated period for the Assessment Years 2010-2011, 2011-2012, 2012-2013, 2013-2014, 2014-2015 and 2015-2016. e) The Company has held its Annual General Meetings regularly and paying its Income Tax and filing the returns with the Income Tax Department. It has earned substantial revenue during the financial years ended 31.03.2015 & 31.03.2016 are Rs.7,518,331/- and Rs.7,754,615/- and Employee Benefit Expenses are Rs.893,320/- & Rs.941,624/- respectively. f) The Registrar of Companies vide its Notice No. ROC(H) 248(5) /STK-7/2017 dated 21.07.2017 in Form No.STK-7 under Section 248(5) of the Companies Act, 2013 intimating the general public of its action of striking off the name of the Appellant Company from the Register of Companies maintained by the Registrar of Companies, Hyderabad. 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 consultant professional, who was entrusted to take care of the Company under the provisions of the act, 2013 and thus, the nonfiling 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 Mr.N.Munneyya, learned PCS for the Applicant Company and Mr. 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.;