An appeal for restoration under Section 252(1) is valid where a company was struck off for non-compliance, especially considering circumstances like the pandemic affecting operations.

ORDER

1. This Appeal has been filed on 03.02.2023 by Mr. Banar Singh on behalf of M/s Era Financial Services (India) Limited. Mr. Singh was authorized to file this appeal on behalf of the Company (hereinafter as “the Appellant Company”) under Section 252 (1) of the Companies Act, 2013 praying for restoration of the Company’s name i.e. M/s Era Financial Services (India) Limited in the Register of Companies maintained by Registrar of Companies, Uttar Pradesh (hereinafter referred as “ROC/Respondent”).

2. M/s Era Financial Services (India) Limited was incorporated on 30.12.2020 under the Companies Act, 2013 bearing CIN: U93090UP2020PLC139887. The registered office of the company is at Narhera, Zahidpuri, Meerut, UP-250002.

3. The Company was incorporated to undertake and carry on as consultants, management consultants, and provide advice, services, consultancy in various fields, general administrative, secretarial, commercial, legal, economic, labour, industrial, public relations, scientific, technical, direct and indirect taxation and other levies, statistical, accountancy, quality control and data processing, cultivate, grow, produce, harvest raise or deal in agriculture produce as agriculturists, farmers or gardeners and to set up processing unit for import, export, distribute or deal in agriculture produce of all description, like fruits, vegetable, seeds and herbal products and trade in all the products required for cultivation, harvesting, production and developments of seeds, vegetable, fruits and herbal items, carry on the business of planters, growers and cultivators of seeds, vegetable, fruits and herbs and to cultivate, grow, produce or deal in vegetable, fruits and herbs and to undertake the activities for its processing, preservation or storage with the installation for plant, machinery, cold storage, air conditioning, refrigeration and other equipment and to provide consulting and support services.

4. The appellant contends that it received a notice in Form STK-1 from the Registrar of Companies, Kanpur, Uttar Pradesh, regarding the removal of the company’s name from the Register of Companies, in accordance with subsection (1) of Section 248 of the Companies Act, 2013 , and rule 3 of the Companies (Removal of names of Companies from the register of the Companies) Rules, 2016, dated 18.07.2022, with reference number RoC Kanpur 248(1)8202842022. The reason cited was that the subscribers to the Memorandum had not fulfilled the subscription obligations they had committed to at the time of the company’s incorporation, and no declaration to this effect had been filed within 180 days of incorporation as required by subsection (1) of section 10A.

5. The Appellant further states that it was granted a 30-day period from the date of the notice in Form STK-1 to respond, and the deadline for submitting our reply was therefore 16.08.2022.

6. The Appellant submitted that the notice in Form STK-1 dated 18.07.2022 from the Registrar of Companies, Kanpur Uttar Pradesh, was received by the Appellant Company on 28.07.2022. Consequently, the full 30-day period was not effectively provided.

7. Thus, the Appellant Company prepared its response to the notice in Form STK-1 from the Registrar of Companies, Kanpur, Uttar Pradesh on 23.08.2022. This response was then dispatched to the Registrar of Companies, Kanpur Uttar Pradesh via email on 25.08.2022, wherein the Appellant stated that the company was established on December 31, 2020, am