(Under Section 252 of the Companies Act, 2013)

In the matter of:

M/s. Parco Resorts Pvt. Ltd.

Memo of Parties:

Mr. P. Narayanan, 8/44, Parokkottil, Kalamparambu, Angadipuram (Post), Malappuram, Kerala- 679 321

… Appellant.

-Vs-

Registrar of Companies, Ernakulam, Registered Office, Company Law Bhavan, BMC Road, Thrikkakkara P.O., Kakkanad, Kochi, Kerala 682 021.

… Respondent.

Order delivered on: 12.03.2025

Coram:

Judicial) : Shri. Vinay Goel.

: Shri. Ravichandran Ramasamy.

Hon’ble Member (

AHpopne’balera Mnecmesb: er (Technical)

For the Appellant : Mr. Aditya Unnikrishnan, Adv.,

For the Respondent : Mr. Prasanth Kumar Mishra,

Company Prosecutor.

O R D E R

Per: Coram

1. This Company Appeal No. Company Appeal (C/Act)/08/KOB/2024 has been filed by the Appellant under Section 252 of the Companies Act, 2013, by M/s. Parco Resorts Pvt. Ltd. through its shareholder Mr. P. Narayanan, is seeking direction to restore the name of the Company in the Register of Companies, maintained by the Registrar of Companies, Kochi (RoC), for the State of Kerala and Lakshadweep. The Appellant Company was incorporated on 15.07.1992 with the Registrar of Companies, Kerala under the Companies Act, 1956. The Company’s Corporate Identification Number (CIN) is U55102KL1992PTC006621 having its Registered Office at 17/664, Puthiyara Road, Calicut, Kerala- 673 004. The name of the Appellant Company was struck off on 17.09.2018.

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

i. As per the Memorandum of Association, the main objects of the Appellant Company are:

1. To carry on the business of buying, constructing, taking on lease or otherwise acquiring hotels, lodges, motels, holiday homes and resorts.

2. To carry on the business of running the hotels, motels and resorts which are owned by the company or taken on lease by the company.

3. To carry on the business of selling, letting on lease the hotels, motels, resorts and holiday homes.

ii. The Appellant stated that the Company was carrying on its operations and was regular in filing its returns with the statutory authorities including the respondent until the year ended 31.03.2012. Thereafter, the Appellant who was also the Managing Director of the Company and the main coordinator for the operations of the company unfortunately got severely ill and was hospitalised for around 2 years in various hospitals in Ernakulam District and thereafter was prescribed bed rest for several months. At present, he has recovered, he is highly diabetic and had to replace his pacemaker and he continues to take medicines as prescribed.

iii. Due to the medical of the Appellant, who is also a Managing Director, and the lack of other functionaries to concentrate on the company’s operations, the company’s business came to a standstill and accordingly missed filing statutory returns with the Respondent from the year 2012 onwards.

3. The ROC, who is Respondent herein, filed a Report on 29.11.2024 stating that the Ministry of Corporate Affairs vide communication dated 16.04.2018 had instructed all Regional Directors and Registrars of Companies to take strike-off action against companies that have failed to file Financial Statements or Annual Returns as per Chapter XVIII of the Companies Act, 2013 and have not filed an application under Section 455(1) of the Companies Act, 2013 for making them as ‘Dormant’.

4. It is further stated by the ROC, in the instant case, on verification of the documents of the subject company it was found that the company has filed a Balance Sheet and Annual Return with ROC only up to the financial year ending 31.03.2012 and did not apply for getting dormant status. It is also stated that as per the provisions of Section 137 of the Companies Act, 2013, Financial Statements for the period ending 31.03.2013 and 31.03.2014, were due to be filed on or before 30.10.2013 and 31.10.2014 respectively. Similarly, as per provisions of Section 92 of the Companies Act, 2013 Annual Returns for 31.03.2013 and 31.03.2014 were due to be filed on or before