CP/218(KB)2023

An application under Section 252(3) of the Companies Act, 2013

In the Matter of:

(1) S. NOMI AND COMPANY, a partnership firm under the meaning of

the Indian Partnership Act, 1932, having its principal place of

business at 20, Sukias Lane, P.S. Hare Street, Kolkata - 700 001.

... Appellant/Petitioner

-Versus-

(2) The Registrar of Companies, West Bengal, having its office at

Nizam Palace, 2^nd MSO Building, 2^nd Floor, 234/4, A.J.C Bose

Road, Kolkata – 700020.

... Respondent

-And-

In the Matter of:

(3) FOUR ACE INFRA PROJECTS LIMITED, (CIN:

U45400WB2012PLC185194) a company incorporated under the Companies Act, 1956 and having its Registered Office at Prakash Jyoti, 188/1B, Maniktala Main Road, Kolkata - 700 054, within the

aforesaid jurisdiction.

... Struck Off Company

Date of pronouncement of the Order: 13/09/2024

Coram:

SMT. BIDISHA BANERJEE HON’BLE MEMBER (JUDICIAL)

SHRI D. ARVIND HON’BLE MEMBER (TECHNICAL)

Appearances (via video conferencing/physically):

Mr. V. Sashikant ] For the RoC, West Bengal

O R D E R

Per: Bidisha Banerjee, Member (Judicial)

1. This Court is congregated through hybrid mode

2. Heard Ld. Authorized Representative appearing on behalf of the RoC, West Bengal at length.

3. This Company Petition has been filed by the shareholders of FOUR ACE INFRA PROJECTS LIMITED u/s. 252(3) of the Companies Act, 2013 for restoration of name of the struck off company in the Register of Companies, maintained in the office of the Registrar of Companies, West Bengal. It is stated that the name of the Company was struck off on 01.11.2019.

4. It is contended that the Company had not filed the Financial Statements for the last seven financial years, 2016-17 to 2022-23 and Annual Returns of the Company for the financial years ended 2016-17 to 2022-23, there is reasonable cause that the Company is not carrying on business or operation for a period of two immediately preceding financial years and the petitioner is being sought for the restoration of the name of the Company.

5. It is further contended that the Company has Authorised Share Capital of Rs. 50,00,000/- (Rupees fifty lakh only) divided into 5,00,000 equity shares of Rs. 10/- (Rupees ten only) each. The issued, subscribed and paid-up share capital of the company is Rs. 5,00,000/- (Rupees five lakh only) divided into 50,000 equity shares of Rs. 10/- (Rupees ten only) each. Upon the said contentions, Ld. Counsel for the petitioner has prayed for an Order for restoration of the name of the petitioner Company.

6. Notices were issued to the Registrar of Companies, West Bengal.

The Registrar of Companies, West Bengal has submitted a report. It was stated in the report that only after compliance of the 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 the register.

7. The ROC West Bengal has not objected to this application for restoration of the name of the company. On perusal of the application, we are satisfied that the name of the company should be restored to the register. Therefore, this petition deserves sympathetic consideration. Accordingly, the present petition is allowed on the following terms: -

(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 ‘Struck Off’ to ‘Active’.

(b) The Petitioner Company is directed to file all pending statutory document(s) including Annual Accounts for the period of last seven financial years, 2016-17 to 2022-23 and Annual Returns of the Company for the financial years ended 2016-17 to 2022-23 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