Rajeswara Rao Vittanala, Member - (1.) The Present Company Application/appeal bearing CA.No.19/252/HDB/2017 is filed by the M/s. Lifecare Laboratories Private Limited, under Section 252 (3) of Companies Act, 2013 r/w 87A of the NLCT(Amendment) Rules, 2016 by interalia seeking following reliefs: 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 Directors, Shareholders, Employees and all other related to the ij 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 Register 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 form as 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 be in the Register of Companies maintained by ROC etc
(2.) Heard Ms.Siri Preeti, learned counsel for the Company and Mr. Ramesh Chandra Mishra, Registrar of Companies and have perused all pleadings along with extant provisions of Companies law.
(3.) Ms.Siri Preeti, the learned Counsel for the Company submit as under: a. M/s. Lifecare Laboratories Private Limited (hereinafter referred to as the Company) was incorporated under the Companies Act, on 2st May, 2003 as a Private Limited Company with the Registrar of Companies, Hyderabad. b. The Company carry on business of supply of all kinds of raw materials as well as produced iA Allopathy, Homeopathy, Unani, Ayurveda, Unani, Ayurveda herbal abd beauty care products,to acquire, II distribute all kinds of pharmaceutical, medical, herbal etc. Its Authorized Share Capital t is Rs.1,00,000/- divided into 10,000 Equity Shares of Rs.10/- each. There are two share holders namely, Anuradha Jampana and Subrahmanya Varma Jampana having 50% share holding each and both are Directors and their DINs are now disqualified. c. The Company is Carrying out its business successfully from the date of its incorporation and is conducting the Meetings of Board of Directors as well as General Meetings regularly in Compliance with the provisions of the Companies Act, 1956 as well as the provisions of Companies Act, 2013 whichever is in force at the relevant period. The Company has filed its returns up to the financial year ended 31st March, 2013 with Registrar of Companies, Hyderabad. d. It is stated that none of the Creditors/Shareholders or any person/persons or any Body Corporate at large will be prejudiced if the name of the Company is restored in the Register of Companies maintained by the Registrar of Companies. e. The Annual Accounts and the Annual Returns pertaining to three financial years' i.e.2013-, 2014-15 and 2015-16 are to be filed. The applicant shall be able to complete its filing of II pending Annual Returns and FinancialStatements, upon granting of the prayers stated in this application, and when the name is restored in the Register of Companies maintained by the ROC It is duly filing all Income Tax returns, on-filing of returns is neither intentional nor deliberate. And it is ready to file it with necessary prescribed fee. f. The Balance sheet as on 31st March, 2016 discloses that there are non-current/current liabilities for a total submit of Rs. 5,11,29,908/ The Company is having 57 employees and they are unable to operate its current Account with Syndicate Bank, UCO Bank to pay salaries to its employees and vendors. g. The ROC 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 Form No. STK-5 followed by another public notice in Form No. STK-7. Whereas neither applicant nor the Directors received notice in Form No. STK-1 either physically or electronically. However ROC has displayed a public Notice in Form A No.STK-5 was issued on 05.05.2017 and Form |5J No.STK-7 vide No.ROC(H) /248(5) /STK-7/2017 h. Ms siri preeti , the learned cournsel has also relied upon the judgment of the Hon'ble Bombay High Court in the matter of purshttamdass and anr. (Bulakidad Mohta Co. P Ltd ) VS Registrar of Companies, Maharashtra Ors, (1986) 60 Comp Cas 154 (Bom) By inter-aila strting that; "the object of section 560(6) of the Companies act is to give a chance to the Company its membars and creditors to the reviive the company which have been sturck off by the Registrar of Comannies within period of 20 year, and given them an opportuity of carying on the buisness only after the company judge is satisfied theat suck restoration is necessary in the interst of justice";