H.P. Chaturvedi, Member - (1.) The present appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant M/s. Vaid Fab Tex Private Limited and others seeking for restoration of its name in the Register of office of the Registrar of Companies Kanpur, Uttar Pradesh. The Appellant Company's name stood struck off by Gazette Notification dated 15-21 July, 2017 wherein the name of the Appellant Company is mentioned at SI. No. 3036.
(2.) The facts in brief raising to the present company application for seeking above mentioned relief are described as under: a. The Petitioner Company Vaid Fab Tax Private Limited (hereinafter referred to as 'the Company') was originally incorporated on 3rd December, 1991 (Nineteen Hundred Ninety-One) in the name of M/s. Sagar Polystraps Industries Private Limited, as a company limited by its shares. It got registered with the Registrar of Companies Kanpur, Uttar Pradesh. Later on the name of the company was changed to M/s. Vaid Lab Tex Private Limited and a fresh certificate of Incorporation dated 17.04.2006 was issued by the Registrar of Companies, Kanpur. The same is annexed with the present petition. b. It is submitted that the Petitioner Company duly prepared its Annual Accounts, got audited the same from statutory Auditor and adopted it in its respective annual general meeting for previous years which includes financial year ended at 31sl March, 2011, 31st March, 2012, 3 L1 March, 2013, 31st March, 2014, 31st March, 2015, 31st March, 2016. c. It is submitted that the annual returns and balance sheets of the company could not be filed due to inadvertence by the professional engaged by the company in the O/o ROC Kanpur and compliance could not be made from 2011 onwards. It is submitted that the Director of Petitioner Company were under such impression that their professional has been entrusted with the work of company and hence legal compliances are being made by him by filing necessary returns with ROC. However, when such came to the notice of them that the professional engaged for making regular compliances of the worked assigned to him did not file annual return/statutory of the Appellant Company from the financial year 2010-2011 onwards with the Office of the ROC Kanpur. The Appellant Company annexed a true copy of its annual reports for last three financial years with the present petition in support of its appeal. d. It is alleged that the Registrar of Companies, Uttar Pradesh at Kanpur published Public Notice No. ROC/STK/01 dated 31.03.2017 under Section 248 of the Companies Act, 2013 (as available at the portal of Ministry of Company wherein) by removing/striking off the name of Company which was earlier appearing in the Register of the Registrar of Companies. Such public notice has been annexed to the present petition.
(3.) The main object for incorporation of the Appellant Company may discussed in brief as under: i. To carry on the business of manufacturer, importers, exporters, wholesale and retail dealers of and in readymade garments, hosiery goods, clothing, horse clothing & its accessories, PVC tapes, school dresses, ties, belts, socks, shoes & others accessories of all kinds and description, wearing apparel of every kind and description including casual wear, sportswear, traditional costumers, foundation garments made from cotton, silk, synthetic, leather, woollen, blended, worsted, knitted, fabric/textiles of every kind and description. ii. To carry on the business of embroidery, chikan work, computerized labels, printing, & artistic work on all kind of clothing, sarecs & dress material of all kinds and description. iii. To carry on all or any of the trades or business of preparing, spinning, doubling, weaving, combing, scouring, dyeing, printing and finishing, working on manufacturing in any way whatever, cotton, wool, silk, flax, hemp, artificial silk, rayon, nylon and other fibrous or textiles substances, whether animal vegetable or mineral in any state and whether similar to the foregoing substance or not and to treat and utilize and deal in any waste arising from any such operations, whether carried out by the company or otherwise, and also of markers of vitriol and of bleaching, dyeing and finishing materials, and the buying and selling of an dealing in all or any of the above substances. iv. To purchase, acquire, takeover, merge, amalgamate the business, firm. company, undertaking etc. of all kinds and descriptions, engaged in the business similar to the objects of the company, as a going concern or otherwise.;