Jinan K.R., Member - (1.) This is an appeal filed by the Company by name Balaji Edutech Solutions Pvt. Ltd. under Section 252 of the Companies Act, 2013, by inter-alia seeking to direct the Respondent to restore the Company which was struck off, by the Registrar of Companies; and to permit it to carry on the normal business etc.
(2.) Brief facts, leading to filing of the present Company Appeal, are as follows :- JUDGEMENT_524_LAWS(NCLT)1_2018_1.html (a) M/s. Balaji Edutech Solutions Pvt. Ltd, (is referred to as "Company") is a private Limited Company and was incorporated on 08.09.2010 in the State of West Bengal. (b) The Authorized share capital of the Appellant Company is Rs.2,00,000/- divided into 20,000 Equity Shares of Rs.10/- each. The issued, subscribed and paid up Equity Share Capital of the Company as on the date of appeal is Rs. 1,00,000/- divided into 10,000, Equity shares of Rs.10/- each fully paid up, all and there are no different classes of shares. (c) The main objects of the Company, in brief, as revealed from the Memorandum and Articles of Association are to carry on the business of establish, run, maintain, operate, manage, school, colleges, educational institutions, training and professional institutions for technical and cultural education, academic coaching center, vocational training center, management training, call center training, computer training center, learning centers, languages including foreign languages development center, personality development center, learning center for songs-music-dance-drama, cultural training centers and other similar activities of own or under any franchise agreement, provide assistance, technical know-how, expertise to others under franchisee agreement, counseling for higher studies in India and Abroad, placement services and supply of manpower of employers and to act as advisors, consultants or in any other capacity in the fields of all branches of financial, technical, marketing and general management. (d) There are two shareholders of the Company having 5000 Equity Share of Rs.10/- each only and they are the two Directors of the Company. The appellant Company had commenced operations after incorporation and has been doing business ever since, without any break. But due to some internal disputes in the management of the company appellant failed to submit their balance sheet and annual return with the respondent and when approached along with required statement learned that the status of the company was showing "Strike Off and hence filed this appeal producing all the required documents inclusive of balance sheets and annual return for the years from 31.03.2014 to 31.03.2016. The financial statements show the following details regarding income and profits. S. No. Financial Year 1. 2. 2014-2015 - 13909/- 3. 2015-2016 - 10729/- The Audited Financial Statements for the Financial Years 2013-2014 to 2015-2016 are produced and marked as Annexures Al. (e) The Applicant further states that it has carrying on the business and is in operation and the same would appear from the balance sheet of the company. Whether it has been regular in conducting meetings under the Companies Act, 2013 there is no pleading in the appeal but produced Directors Report for the year ended 31st March 2014, and for the financial year ended 31st March 2016. (Annexure Al page 17 and 32) . Directors report for the Financial year ending 31st March 2015, not produced.
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