IN THE NATIONAL COMPANY LAW TRIBUNAL,

SPECIAL BENCH – II, CHENNAI

Comp. Appeal /38(CHE)/2023

(Under Section 252(3) of the Companies Act, 2013)

In the matter of M/S. F2CONNECT PRIVATE LIMITED

MR. MURUGESAN ARUN

Member of M/S. F2CONNECT PRIVATE LIMITED

34/A, TVK Nagar, Near Senguthar Theatre, Chinna Salem,

Villupuram, Tamil Nadu – 606 201.

… Appellant

-Vs-

REGISTRAR OF COMPANIES, CHENNAI

Block No.6, B Wing – 2^nd Floor, Shastri Bhawan,

26, Haddows Road, Chennai, Tamil Nadu – 600 034

… Respondent

Order Pronounced on 22nd March 2024

CORAM

Shri. SANJIV JAIN, MEMBER (JUDICIAL)

Shri. RAVICHANDRAN RAMASAMY, MEMBER (TECHNICAL)

For Applicant : Mr. Sudhakar G, Advocate

For Respondent : Mr. Avinash Krishnan Ravi, Advocate

This Appeal has been filed by MR. MURUGESAN ARUN in the capacity

of the Member of the Appellant Company namely, M/S. F2CONNECT PRIVATE LIMITED, under Section 252(3) of the Companies Act, 2013 for restoration of the name of the Company in the Register maintained by the Respondent / RoC aggrieved against the order of Strike Off carried out by the Registrar of Companies, Chennai under Section 248 of the Companies

Act, 2013.

2. The brief facts of the matter are tabulated below: -

S. NO. PARTICULARS FACT a) Name of Company M/S. F2connect Private Limited b) CIN No. U64200TN2020PTC139448 c) Date of Incorporation 16.11.2020 d) Registered Office Address 34/A, TVK Nagar, Near Senguthar Theatre, Chinna Salem, Villupuram, Tamil Nadu – 606 201.

e) STK-5 Date 15.09.2022 f) STK-7 Date 07.11.2022 (Publication Date) (29.10.2022)

g) Reasons for Strike Off The Subscribers to the Memorandum of the company failed to pay their Subscription amount for the value of shares they agreed, which they undertook to pay at the time of incorporation of the company and a declaration to that effect was not filed by the director within the period of 180 days from the date of incorporation of the company as required under Section 10A(1) of the Companies Act, 2013

3. It is stated that the main object of the Company is to carry on the business of Internet service provider, ISP through leased line, Broadband, open BPN, VoIP service Provider, IPTV service provider, Unified Messaging Service provider, Dialup line, wireless connections, Intra connections Broadband service providing through cable and wireless, laser communications, LAN and WAN network solution etc., The detailed objects are set out in the Memorandum of Association filed along with the company appeal.

4. It is stated that, the company is carrying its business, for which it was incorporated. In the initial days of Incorporation, the company was facing acute financial crunch and slow downturn in business. Further it did not had any expert professional guidance in respect of making compliance as per the companies act. Further lack of superintendence over the affairs of the company resulted in non-compliance of filing statutory returns and requirements which lead to Striking off of the subject company.

5. Upon notice, the Respondent/ RoC filed the Report on 05.01.2024, wherein it is stated as follows, 12. The present petition is filed by Mr. Murugesan Arun representing F2Connect Private Limited, in the capacity of shareholder. The Petitioner in this instant petition has stated that the company was facing acute financial crunch following a sudden downturn in business. It did not have enough funds even to meet day to day operations, as a result of which the company could not file the statutory filings. The company didn’t have the benefit of expert professional guidance in this aspect. It had entrusted the filing of returns to a consultant, who, it now appears, had no knowledge of company law requirements. Further, due to administrative lapses, there was no proper superintendence to ensure that the statutory filings were completed within the stipulated time.

13. It is the statutory duty of every company and its directors to file the necessary declaration within one hundred and eighty days of its incorporation under sub- section (1) of