V.P. Singh, Member - (1.) The instant petition has been filed by the company above mentioned (Sansar Green Technologies Private Limited) under sub-section (3) of section 252 of the Companies Act, 2013 (the Act) , seeking restoration of the name of the company in the register of companies as if the name of the company had not been struck off. Directions have also been sought for upon the respondent (RoC) not to initiate with penal action against the company for default in filing of its Annual Return under section 92 of the Companies Act, 2013 (Section 162 of the Companies Act, 1956) and for default in filing under section 137 of the Companies Act, 2013 (Section 220 of the Companies Act, 1956 ) or under any other provisions of the Act. The petitioner is aggrieved by the order dated 14.07.2017 published in the Gazette of India striking the name of the petitioner company off the register of companies, as per sub section (5) of section 248 of the Companies Act, 2013.
(2.) The stand taken by the petitioner in the instant petition is that: i. the Registrar of Companies, Bihar & Jharkhand ("RoC") has struck off the name of the company from the register ignoring the fact that the said company is carrying on business activities. ii) the RoC is striking off the name of the said company without application of mind; iii) the RoC erred in striking off the name of the company without carrying out proper investigation; iv) the RoC erred in wrongly assuming that the company is not carrying on business activities. v) the RoC erred in concluding that the said company is not carrying on business activities based on non-filing of annual return and audited accounts. vi) the RoC at behest of other person wrongfully striking off the name of the company from the register in spite of the fact that the said company is active and at the same time carrying on business activities.
(3.) In support of the contentions mentioned , the petitioner company has averred in the petition that: a. The company was incorporated with the Registrar of Companies, Bihar, Patna (the "respondent") as a company limited by shares on 5th June, 2012. b. The company has been active since its incorporation. The company has maintained bank accounts and in support, the copies of Bank Statements from December, 6th, 2012 to August 30th 2017 are annexed to the petition (Annexure "A2") . c. The company in order to prove its existence during the period June 5th, 2012 and onwards, the copies of the audited Balance Sheets for the financial year 2013-14 and 2014-15 are annexed to the petition (Annexure "A3 and A4", respectively) . d. The company has filed its annual account for the financial year 2015-16, a copy of which is annexed to the petition (Annexure "A5) . e. The company for the financial year 2013-14 to 2015-16 also held and convened, from time to time, the Annual General Meetings of the shareholders of the company and minutes of the same are annexed to the petition (Annexure "A6") . f. The accounts of the company were prepared and audited every year but due to lack of knowledge, professional guidance and without malafide intention failed to file the required statutory returns. However, it was regular in filing its Income Tax returns for the Assessment Year 2013-14 to 2016-17 and copies of Income Tax Returns are annexed to the petition (Annexure A7) . 6 g. The company is having registration with Central Sales Tax, Value Added Tax, Goods and Services Tax, and Udyog Aadhar Memorandum, copies whereof are annexed to the petition (Annexure A8) . h. Recently, it came to the notice of the company from the portal of Ministry of Corporate Affairs that its name has been struck off under the Companies Act, 2013. The company has been trying to maintain all its requisite documents as per the provisions of the Companies Act, as applicable to it, but owing to the inadvertent and unavoidable conditions, the statutory documents as required under the law could not be filed with the respondent in time. The status of the company on web portal of MCA shows "strike off'.;