AnapplicationunderSection252(3)oftheCompaniesAct,2013forrestoration.

And

In the matter of:

DIGANTATECHNOLOGYPRIVATELIMITED

(CIN U74999WB2012PTC179249)

…… Struck Off In the matter of:

IncomeTaxOfficer,Ward9(1),Kolkata

....Appellant/Petitioner

-Versus-

THEREGISTRAROFCOMPANIES,WestBengal&Ors.,

.....Respondents

DateofPronouncement:20/03/2024

CORAM:

1.RohitKapoor,Member(Judicial) 2.BalrajJoshi,Member(Technical)

CounselappearedthroughvideoConference/Physical

Mr. RashmiBothra, Adv. ]For thepetitioner

Mr. Chandan Ji, AROC ]For ROC,West Bengal

ORDER

Per:BalrajJoshi,Member(Technical)

1. This Company Petition has been filed by Income Tax Officer, Ward 9(1), Kolkata, u/s

252(3) of the Companies Act, 2013 for restoration of name of the Struck off company in

theregisteroftheCompanies,maintainedintheofficeoftheRegistrarofCompanies,West Bengal.Itisstatedthatthenameofthecompanywasstruckoffon30.06.2017.

2. The Respondent company has not paid an outstanding demand pending amounting to Rs.8,79,33,453/- and the recovery proceedings are pending against the Respondent company

3. ItiscontendedthatthecompanyhasnotfiledtheFinancialStatementsandAnnualReturns oftheCompany(incorporatedon02.04.2012)andtheaforesaidcompanywasstruckoffon 30.06.2017aftercomplying withthe provisionof section248of the CompaniesAct,2013. The Registrar of Companies has issued notices (STK-5) under section 248(1) of the Companies Act, 2013 read with Rule 7 of the Companies (Removal of names of Companies from the Register of Companies) Rules 2016 for removal of name of the companyfrom the Register of the Companies as therewas reasonable cause tobelieve that the Company was not carrying on business or in operation for the period of last two (2) immediate preceding financial years and has not made any application within such period forobtainingthestatusofdormantcompanyundersection455oftheCompaniesAct,2013.

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

5. 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 in order to avoid any loss to the exchequer. Accordingly, in exercise of the powers conferred on the Tribunal under Section 252 of the Companies Act, 2013, thepetitionisallowedontheFollowingterms:

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 consequential actions like changing status of petitioner company from‘Struckoff’to‘Active’

b) The Petitioner Company is directed to file all pending statutory document(s)

including Annual Accounts for the period of last two (2) immediate preceding financial years along with prescribed fees/additional fee/fine as decided by Registrar of Companies, West Bengal within 45 days from the date on which its name is restored on the register of companies maintained by the Registrar of Companies,WestBengal.

c) ThepetitionerisdirectedtodeliveracertifiedcopyoftheorderwithRegistrarof Companies,WestBengalwithinthirtydaysofthereceiptofthisorder.

d) On such delivery and after due compliance with the above directions, the Registrar of Companies, West Bengal is directed to publish the order in the Officialgazetteunderhisofficenameandseal;

e) This order is confined to the violations, which ultimately led to the impugned action of striking off the name of the company, and it will not come in the way of Registrar of Companies, West Bengal to take appropriate action(s) in accordance with the law, for any other violations/offences, if any, confirmed by the Appella