Jinan K.R., Member - (1.) One of the authorised director/shareholder of M/s. Regal Infoways Private Limited filed this application in the present appeal under Section 252(3) of the Companies Act, 2013 seeking restoration of the name of the petitioner company which has been struck off by the Registrar of Companies, West Bengal.
(2.) Regal Infoways Private Limited was incorporated on 03.04.2009 as a Private Limited Company, having its registered office, as per the Master Data in Plot no-N-6/502, IRC Village, Nayapalli, Bhubaneswar-751010, Khurda, Odisha, India, within the jurisdiction of this Tribunal.
(3.) The Brief facts of the case leading to the present appeal, are as follows: (i) Regal Infoways Private Limited (hereinafter referred to as the 'Appellant Company') is a private Limited Company and was incorporated on 03.04.2009 in the State of West Bengal. (ii) The authorised share capital of the company is Rs.2,00,000/(Rupees two Lakh only) divided into 20,000 (Twenty Thousands only) equity shares of Rs.lO/-(Rupees Ten only) each and with power to increase or reduce the capital. (iii) The main objects of the Company, in brief can be disclosed from the Memorandum and Articles of Association which enunciates that the company carries out business of computer software developers, programmers, data entry operators, coding services providers, networking consultants, security consultants, computer education providers, buyers, sellers, importers, exporters, assemblers, traders, distributors, stockiest, agents, consultants and brokers & commission agents of all kinds of related products and its accessories either alone or jointly with one or more person, Govt, local authorities or body corporate. (iv) There are four directors in the Company holding 4000 (Four Thousand) Equity shares of Rs.10/- (Rupees Ten) each and two shareholders. The appellant company has started its operation and has been operational since the date of incorporation that is vide 03.04.2009 and the company has been doing business ever since, without any break. Due to some internal disputes in the management of the company appellant company failed to submit their balance sheet and annual return with the respondent but when approached learned that the status of the company was showing "Strike Off' and hence filed this appeal producing all the required documents including the Balance Sheets and annual return for the years for the financial Year ending 31/03/2014- 31/03/16. The balance sheets and annual return for the years showing the income and profits of the appellant company is given below: S. No. Financial Year Income Net Profit Income 1. 2012-2013 490785.00 2249.84 2. 2013-2014 581492.00 4,717.64 3. 2014-2015 604620.00 8604.51 4. 2015-2016 631325.00 12979.38 Based on the account of the non-filling of Annual Accounts and Annual Returns for the Financial Years, 2014 to 2016, the Respondent had presumed that the Company has not undertaken any business further. The Audited Financial Statements for the Financial Years dated 2013-2016 has been marked and annexed as Annexure- 10 at Pages 59-145.;