Jinan K.R, Member - (1.) One of the authorised director of M/s. Balaji Marcom 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.) M/S. Balaji Marcom Private Limited was incorporated on 27.07.2010 as a Private Limited Company, having its registered office, as per the Master Data in 7, Ganesh Chandra Avenue, 3rdFloor, Kolkata 700 013, within the jurisdiction of this Tribunal.
(3.) The Brief facts of the case leading to the present appeal, are as follows: - i. M/s. Balaji Marcom Private Limited (hereinafter referred to as the 'Appellant Company') is a private Limited Company and was incorporated on 27.07.2010 in the State of West Bengal. ii. The Authorized share capital of the appellant company is Rs. 100,000/-(Rupees One Lakh only) divided into 10,000 (Ten Thousand) Equity Shares of Rs. 10/- (Rupees Ten only) each. The issued, subscribed and paid-up Equity Share capital of the company is Rs. 1,00,000/- (Rupees One Lakh only) divided into 10,000 (Ten Thousand) Equity Shares of Rs.10/- (Rupees Ten only) each. 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 traders, buyers, sellers, suppliers, commission agents, brokers, merchants, sub-agents, whole selling, consignor, distributors, dealers of all kinds of home care products and dealing in herbs, herbal products and natural derivatives for a enhancing metal power and physical strength , consumer goods, household goods, Industrial goods, engineering goods, electrical and electronics products, Food articles, Sugar, Spices, Petrochemical and petroleum products, plantation crops i.e tea, cotton, coffee, tobacco, vegetables, cosmetics goods, all kinds of cements, steels, zinc and alloys, building automobile parts and devices, electronic goods, computers and computer software's, jewelries and miscellaneous other products and also fulfilling other ancillary objects to attain the main objects of the company like to purchase, acquire, build, construct, alter, maintain, enlarge, remove or replace and to works, manage and control any buildings, offices, factories, mills and laboratories, shops, machinery which may seem calculated directly and indirectly to advance the main objects of the Company and to join with any other person or body corporate in doing these things. iv. There are two shareholders in the Company holding 5000 (Five Thousand) Equity shares of Rs.10/- (Rupees Ten) each only and having two directors. The appellant company has started its operation and has been operational since the date of incorporation that is vide 27.07.2010 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 months of August 2017. The balance sheets and annual return for the years showing the income and profits of the appellant company is given below:- JUDGEMENT_522_LAWS(NCLT)1_2018_1.html;