MUMBAI BENCH, COURT - II

Under section 252 (1) of The Companies Act,

2013

In the matter of

Mr. Venkatesh Pichiah Pillai

(Shareholder of Integrated Consultants and

Contractors Private Limited)

Flat No 101, Omkar Heights, Plot No 30, Sector 35e, Kharghar, Navi Mumbai, Raigad,

Maharashtra 410210, India.

(CIN: U70100MH2019PTC332801)

…Appellant

V/s

THE REGISTRAR OF COMPANIES,

MUMBAI

Everest, 100 Marine Drive,

Mumbai-400002, MAHARASHTRA, INDIA.

…. Respondent Order delivered: - 05.03.2024 Coram:

Anil Raj Chellan Kuldip Kumar Kareer Hon’ble Member (Technical) Hon’ble Member (Judicial)

Appearances For the Appellant : CS P S Thakre For the Respondent : Mr. Shivraj C Ranjeri ORDER Per: Coram

1. The present Petition has been filed under Section 252 (1) of the Companies Act, 2013 (“Act”) by its Shareholder Venkatesh Pichiah Pillai for Integrated Consultants and Contractors Private Limited (“the Company”), praying for restoration of the name of the Company in the Register maintained by the Registrar of Companies, Mumbai (ROC).

2. The Petitioner submits that the Petitioner company has been incorporated to carry out the following objects:

“Technology, engineering, construction, real estate, trading services conglomerated. To address critical needs in key sectors including, but not limited to: Infrastructure, electrical & instrumentation, electro mechanical, oil & gas, elevator & escalator installations, access control and cctv systems, telecom and it services, home, office & business security systems, technical manpower secondment, facility management, trade certifications, interior designing / fit out, automated vertical green houses, automated exotic micro green shelters, automated fodder shelters, aqua culture, etc..”

3. The Petitioner submits that the Company was incorporated on

08.11.2019 under the Companies Act, 2013. The Authorized Share Capital of the Company is Rs. 1,00,000 /- divided into 10,000 Equity Shares of Rs. 10/- each and Issued, Subscribed & Paid up Capital of the Company is Rs. 1,00,000 /- divided into 10,000 Equity Shares of Rs. 10/- each.

4. The name of Applicant Company was struck off by the Respondent on the ground that the Company did not file Form No. INC 20A, and the declaration for commencement of business with the Registrar of Companies as required under Section 10A (1)(a) of the Companies Act, 2013 and Rule 23A of the Companies (Incorporation) Rules, 2014 within the prescribed time i.e. 180 days.

5. The Petitioner herein is the shareholder of the above mentioned struck-

off Company. The Petitioner submitted that the Company failed to file Form INC 20A within the prescribed time. The aforesaid action was taken by Register of Companies, Mumbai as subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under sub-section (I) of section 10A and has not made any application within such period for obtaining the status of a dormant Company under section 455 of Companies Act

2013.

6. The Shareholding pattern of the Shareholders is as given

7. The Petitioner submits that Company undertakes to ensure that in future no such lapse in compliance shall take place in relation to the Company and the management shall take due care of the compliances as may be required under all the Acts and laws applicable.

8. The Petitioner submits the Company has duly taken actions for receiving the subscription money from the subscribers and also the Company has its registered office which are the important components of said FORM INC 20A to be filed with ROC Mumbai within 180 days as per section 10A of the Act. The Company is ready to file this FORM INC 20A immediately on restoration of the company by NCLT Order and comply with all the due filings in the matter with ROC.

9. In support of the above, the Petitioner has annexed with the Petition the bank statement reflecting the deposit of s