Restoration of a struck-off company under Section 252 requires compliance with statutory filings and justifiable grounds acknowledged by the Registrar of Companies.

An application under Section 252 (3) of the Companies Act, 2013.

In the Matter of:

M/s. Katyani Commodities Private Limited (PAN: AAECK6244R) (CIN No.: U51909WB2012PTC172361) a company incorporated under the Companies Act, 1956 and having its registered office at 4, N.S. Road, 1^st

Floor, Kolkata- 700001.

... Struck Off

And

Income Tax Officer, Ward 4 (4), Kolkata, having its office at Aayakar

Bhawan, P-7 Chowringhee Square, Kolkata- 700069.

… Petitioner

Versus

1. The Registrar of Companies, West Bengal, having its office at Nizam Palace, 2^nd MSO Building, 2^nd Floor, 234/4, A.J.C. Bose Road, Kolkata-

700020, West Bengal.

2. Dilip Kumar Shaw, working for gain at 4, N.S. Road, 1^st Floor,

Kolkata- 700001.

3. Deepak Kumar Gupta, working for gain at 4, N.S. Road, 1^st Floor,

Kolkata- 700001. ... Respondents

Date of pronouncement: 29th January, 2025

CORAM:

SMT. BIDISHA BANERJEE, HON’BLE MEMBER (JUDICIAL)

SMT. MADHU SINHA, HON’BLE MEMBER (TECHNICAL)

Appearance (via video conferencing/physically)

Ms. Rashmi Bothra, Adv. ] For the Income Tax Officer

Ms. Divya Baid, Adv. ]

Mr. Mayank Khandelwal, AROC ] For the Registrar of Companies,

] West Bengal

O R D E R

Per: Bidisha Banerjee, Member (Judicial)

1. This Company Petition has been filed by Income Tax Officer, Ward

4 (4), Kolkata, under Section 252 (3) of the Companies Act, 2013 for restoration of name of the Struck off Company in the register of the Companies, maintained in the office of the Registrar of Companies, West Bengal. It is stated that the name of the Company was struck off on 30.06.2017

2. The Company (i.e. M/s. Katyani Commodities Private Limited)

having CIN No. U51909WB2012PTC172361 has not paid an outstanding demand pending for amounting to ₹ 12,75,54,954/- and the recovery proceedings are pending against the Respondent company

3. It is also seen that even though the report of the RoC states that this application has been filed under Section 252(1) of the Companies Act, 2013, however, it is seen from the e-filing that the petition has been filed under Section 252(3) of the Companies Act and as such, the limitation period as specified under Section 252(3) is applicable in the instant case, which is 20 years and accordingly this petition has been filed within the limitation period.

4. It is contended that the Company has not filed the Financial Statements and Annual Returns of the Company since incorporation on 17.01.2012, and the Registrar of Companies, West Bengal has reasonable cause to believe that the company is not carrying on business or in operation for the period of last 2 years. Accordingly, the competent authority has struck off the name of the petitioner company under Section 560 of the Companies Act, 1956.

5. It is further contended that the Company Authorised Capital of ₹

2,00,000/- and paid-up Capital of ₹ 2,00,000/- as per master data of the Company and it will be unfair to company if the company is struck-off. Upon the said contentions, the learned Counsel for the Petitioner prayed for passing of an order for restoration of the name of the appellant company.

6. Notices were issued to the Registrar of Companies, West Bengal.

The Registrar of Companies, Bengal has submitted a report. It was stated in the report that only after the compliance of requirements to be met under Section 248 of the Companies Act, 2013, the Registrar of Companies, West Bengal has struck off the name of the Company from the register.

7. The Registrar of Companies, West Bengal has not objected to this application for restoration of the name of the company. We feel that it is just that the name of the Company is restored. Accordingly, in exercise of the powers conferred on the Tribunal under Section 252 of the Companies Act, 2013, the petition is allowed on the Following terms:

a) The Registrar of Companies, West Bengal, the respondent herein, is directed to restore the original status of the petitioner company as if the name of the Company had not been struck off from the register of Companies with the resultant and conseque