The Tax Publishers 2019 TaxPub(CL) 0729 (NCLAT-Kol) : (2019) 214 CompCas 0493

 

VSP Business Solutions India (P) Ltd. & Anr. v. Registrar of Companies

 

COMPANIES ACT, 2013,

--Appeal to Tribunal --Appeal for restoration of name of company Non-filing of financial statements and annual returns --Absence of just reason --Though financial statements, bank statements and other documents revealed that the company was neither carrying on any business nor in operation when its name was struck off by RoC, there was also no just reason to restore the company's name on register of companies, thus, appeal for restoration of the name of the company was dismissed.--RoC had struck off name of company from register maintained by it pursuant to section 248 due to defaults in statutory compliances, i.e., failure to file financial statements and annual returns of the company. The company filed an appeal under section 252 for restoration of name of the company on the ground that failure was due to lack of knowledge on the part of directors and lack of proper staff and it was purely unintentional. Further that, business operation was carried on by the company. Held: Financial statements, bank statements and other documents brought on record by the company revealed that the company was neither carrying on any business nor in operation when its name was struck off by the RoC. Further that, there was no just reason to restore the company's name on the register of companies. Thus, the appeal for restoration of the name of the company was dismissed.

Companies Act, 2013, Section 252

REFERRED : Kanodia Knits (P) Ltd. v. Registrar of Companies in (Appeal No. 116/252/ND/2018, dt. 23-4-2018)

FAVOUR : Against the appellant

A.Y. :



IN THE NATIONAL COMPANY LAW TRIBUNAL, KOLKATA BENCH

JINAN K. R. JUDICIAL MEMBER

VSP Business Solutions India (P) Ltd. & Anr. v. Registrar of Companies

C. P. (Appeal) No. 371 /KB/ 2018.

29 April, 2019

Applicant by: Atul Kumar Labh , Practising Company Secretary C. M. Karlmarx , DROC for the Registrar of Companies, West Bengal.

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com