- (1.) As Per Ms. Ina Malhotraf Member Judicial) This is an appeal filed by M/s. M/s Effect Management Services Pvt. Ltd. CIN- U74140DL2020PTC205723 invoking the provision of Section 252 of the Companies Act, 2013 for restoration of the name of the petitioner company in the register maintained by the Registrar of Companies, NCT of Delhi and Haryana.
(2.) As per the averments, M/s. Effect Management Services Pvt. Ltd. was incorporated on 12.07.2010 having its registered office, at H-3/39A, Bengali Colony, Mahavir Enclave, Palam, Delhi within the jurisdiction of this Tribunal.
(3.) A sweeping action was initiated by the RoC at the instance of MCA in striking of the names of several Companies who had consistently failed to file their Statutory Returns. The appellant has failed to file its Returns since incorporation i.e from the financial year 2010-2011 till date, thereby giving rise to the surmise that the business of the company was inoperative. Consequently its name was struck off from the Register of Companies under Section248 of the Companies Act, 2013, by the Respondent, after issuing a notification under Section 248(5) in the Official Gazette dated 08.07.2017 applicable to all defaulters. The names of the effected companies were posted on its website. The petitioner has contended that non-filing of statutory documents with the respondents was an inadvertent mistake on the part of the management and is mainly attributed to lack of professional advice. The directors are ready to file the statutory documents now with payment of the additional fees. The copies of the audited Balance Sheets for the financial years 2010-2011 to 2016-2017 have been placed on record to show that the business of the company was in operation. Additionally they have filed their Bank Statements and Income Tax Returns to substantiate that the business of the Company was in operation. The Income Tax Dept. has corroborated the company's submissions that they have filed the ITRs and no demand is outstanding.;