Rajeswara Rao Vittanala, Member - (1.) The Present Company Application bearing CA. NO.165/252/HDB/2017 is filed by Symplocus Soft Solutions 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 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 2014-2015 and 2015-2016 as per the law with payment of late fee e) to direct the Axis Bank, Ongole Branch to permit the Company to operate the bank account where the Company operates its current account; and
(2.) Brief facts of the case, as mentioned in the application, are as follows: a) M/s.Symplocus Soft Solutions Private Limited (hereinafter referred to as the Company) was incorporated in Hyderabad on 09.03.2010 as a Private Limited Company, with the name and style as V2H TRADE SOLUTIONS PRIVATE LIMITED. Subsequently the Company's name has been changed to SYMPLOCUS SOFT SOLUTIONS PRIVATE LIMITED w.e.f. 21.11.2013 under the Companies Act, 1956. b) The main objectives for which the Company was incorporated, as given in the Memorandum of Association are To carry on the business of Software development and Customization, Package Development and Customization, Networking, Information Technology enabled services, Internet related Business, and to undertake Projects in Software from abroad or within India and to set up and run electronic data processing Centers and to carry on the business of manpower recruitment, data processing, Business process outsourcing, and setup Computer labs, Computer Education Training Centers' and other facilities to provide practical training in various Computer Applications including - Computer Books, Compact Desks and other systems for Hourly, Daily or such work period as the Company decides, and business of advises and consultancy services for marketing, Promotion of products relating to Software, Hardware, advertising and media, publicity and import or expansion of the business, networking, etc. its Authorised Share 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. 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 filed its returns up to the financial year 2013-2014, with Registrar of Companies, Hyderabad. The Company has filed its Income Tax Returns with in the stipulated period for the Assessment Years 2014-15, 2015-16 and 2016-17. 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.32,08,411/- and Rs. 18,51,800/- and Employee Benefit Expenses are Rs.34,51,702/- a Rs.10,51,262/-respectively. d) 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. e) The Company commenced its business activities. Therefore, the non-filing of the returns for the financial years 2014-2015 and 2015-2016 cannot be attributed to the Appellant Company that the Appellant had not been carrying on its business or operations for the default period and thereafter. Because the Appellant Company has recorded sales turnover and it has creditors and current assets. Therefore, the creditors and the shareholders will badly be affected if the Appellant Company name is struck off. The nonfiling 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 compliance with the provisions of the Companies Act, 1956/2013 and thus, non-filing of the returns is neither wilful nor voluntary on the part of the Appellant Company and under any circumstances, the non-filing of returns ought not have been construed that the Appellant became eligible to proceed against such Company for being struck off from the Register of members of the Responded. Therefore, the order of the Respondent's Office in striking off the name of the Appellant Company is not just, fair and prudent. 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 Mr.N.Munneyya, learned PCS for the Appellant 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.;