IN THE NATIONAL COMPANY LAW TRIBUNAL

AHMEDABAD

COURT - 2

ITEM No.303

Appeal/38(AHM)2022

Order under Section 252(3) of Co. Act, 2013

IN THE MATTER OF:

Pravin Kumar Narayanbhai Patel ........Applicant

(Prachem Pharma Pvt Ltd)

V/s ........Respondent

Registrar of Companies, Gujarat

Order delivered on: 19/03/2024

Coram:

Mrs. Chitra Hankare, Hon’ble Member(J)

Dr. Velamur G Venkata Chalapathy, Hon’ble Member(T)

ORDER

The case is fixed for pronouncement of the order. The order is pronounced in the open

court, vide separate sheet

-Sd- -Sd-

DR. V. G. VENKATA CHALAPATHY CHITRA HANKARE

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

IN THE NATIONAL COMPANY LAW TRIBUNAL AHMEDABAD DIVISION BENCH COURT-II Appeal No. 38 of 2022 [Co. Appeal under Section 252(3) of the Companies Act, 2013]

In the matter of:

Prachem Pharma Private Limited (CIN: U24299GJ2019PTC106240)

Having its registered office at:

C-205, Ozone Solitaire, Opp. Hetarth Party Plot, Science City Road, Sola, Ahmedabad-380060 Through Mr. Pravinkumar Narayanbhai Patel, (Director of Prachem Pharma Private Limited)

…… Appellant VERSUS The Office of Registrar of Companies, Gujarat, Ahmedabad Having its office at:

ROC Bhavan, Opp. Rupal Park Society, Behind Ankur Bus Stop, Naranpura, Ahmedabad-380013, Gujarat ……Respondent Order Pronounced on: 19.03.2024 CORAM:

MRS.CHITRA HANKARE HON’BLE MEMBER (JUDICIAL)

DR. VELAMUR G VENKATACHALAPATHY HON’BLE MEMBER (TECHNICAL)

Appearance:

For Applicant : Mr. Mahendra Chaudhary, PCS For the RoC : Ms. Vipal Solanki, Adv. For Income Tax : Ms. Kinjal Vyas, Adv.

JUDGEMENT

1. This appeal is filed under Section 252(3) of the Companies Act, 2013 (‘the Act’) for restoration of the name of struck off Company, Prachem Pharma Private Limited (‘Company’) through its Director Mr. Pravinkumar Narayanbhai Patel. The name of the company was struck off by the Registrar of Companies, Gujarat, Ahmedabad (Dadra & Nagar Haveli) (‘RoC, Gujarat’) by publishing form STK-7 on 07.04.2022.

2. The brief facts of the case are as under:-

(i) The Company was incorporated on 24th January, 2019 with the above mentioned CIN Number and incorporation Certificate was issued by the ROC, Gujarat. The same is place on record.

(ii) The Authorized Share Capital of the company is Rs.1,00,000/- (Rupees One Lakh Only) divided into 10,000 (Ten Thousands) Equity Shares of Rs.10/- (Rupees Ten Each) and Issued, Subscribed and Paid-up share capital is amounting to Rs.1,00,000/- (Rupees One Lakhs Only) divided into 10,000 (Ten Thousands) Equity Shares of Rs. 10/- (Ten) each.

(iii) The Company was engaged into the business activities as set out in clause III of Memorandum of Association. Due toCovid 19 pandemic and unavoidable situation where normal functioning of company is disrupted.Company is active since incorporation and was also maintaining requisite documentation.

(iv) The Name of Company has been Struck Off on the ground that the company has failed to commence its business within one year of its incorporation and has not filed the Form INC-20A under Section 10A of the Companies Act, 2013. As per section 10A of the Companies Act, 2013 every company having share capital and incorporated after commencement of Companies (Amendment) bill 2019, cannot commence business or exercise borrowing powers unless the directors of the said entity filed a declaration with the Registrar of Companies within 180 days of the incorporation in the prescribed e-form INC 20A stating that subscribers to the memorandum have paid the value of the shares agreed to be taken by them.

(v) The Petitioner Company was required to submit the e-

form INC 20A within 180 days of the date of incorporation. However, due to pandemic and the covid outbreak the shareholders were not able to submit the e-

form INC 20A.

(vi) The Notice in Form STK-5 pursuant to Sec. 248(1) of the Companies Act, 2013 was published on 24.01.2022 with a view to invite objection and for seeking representation from the stakeholders. That due to non-receipt of any objection, or any representation, the Registrar