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

and other applicable provisions of the law.

IN THE MATTER OF:

M/s GSA Engineering Corporation Private Limited, a Company incorporated under the Companies Act, 1956 and is an existing company within the meaning of the Companies Act, 2013 and having its registered

office at 14, Nirodh Behari Mullick Road, Kolkata-700006.

…Struck Off

-And-

IN THE MATTER OF:

Mr. Subir Sinha, S/o Sri Janan Sankar Sinha, residing at 70/1, Gouri Bari

Lane, Shyambazar Mall, Kolkata-700004.

……………. Appellant/Petitioner

-Versus-

The Registrar of Companies, West Bengal, Ministry of Corporate Affairs, having its office at Nizam Palace, 2nd MSO Building, 234/4, Acharya Jagadish

Chandra Bose Road, Kolkata-700020.

……………. Respondent

Date of Pronouncement:23.05.2025

Coram:

Smt.Bidisha Banerjee, Member (Judicial)

Shri. Cmde Siddharth Mishra, Member (Technical)

Appearances (via Hybrid Mode):

None

ORDER

Per: Bidisha Banerjee, Member (Judicial)

1. The Court convened through a hybrid mode. Since none appears from both the parties we rely on the report of Registrar of Companies, (RoC) West Bengal, Report No. ROC/legal/252/2023/371 dated 22nd April

2025.

2. This Company Petition has been filed by the shareholders Mr. Subir Sinha of the petitioner company, M/s GSA Engineering Corporation Private Limited (struck off) under Section 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 30.10.2019

3. Upon the said contentions, relying upon the report of Registrar of Companies, (RoC) of West Bengal we are proposing to this order for restoration of the name of the appellant company.

4. We find that, notices were issued to the Registrar of Companies (RoC), West Bengal, has submitted its report at the Registry with copy to the petitioner. 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 petitioner company from the register maintained by the Registrar of Companies, West Bengal.

5. Registrar of Companies, West Bengal has not objected to this application for restoration of the name of the petitioner company. On perusal of documents, we are also satisfied that the petitioner was a going concern and doing business on the date of striking off its name.

Therefore, the plea raised in the Company Petition deserves consideration. Accordingly, the Company Petition is to be allowed upon payment of cost of Rs.80,000/- (Rupees Eighty Thousand only) which would meet ends of justice in the peculiar nature and circumstances of the case in hand.

6. Accordingly, in exercise of the powers conferred on the Tribunal under Section 252 of the Companies Act, 2013, the petition is allowed upon the following :-

(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, Balance Sheets and Annual Returns for the Financial Years 2016-2017, 2017-2018, 2018-2019, 2019-2020, 2020-2021, 2021-2022, 2022-2023, 2023-2024 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, West Bengal;

(c) The restoration of the Company’s name is also subject to the payment of cost of Rs.80,000/- (Eighty Thousand only) through online payment in www.mca.gov.in under miscellaneous fee by mentioning particulars a