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

IN THE MATTER OF:

M/s Kasturi Promoter Private Limited, a Company incorporated under the Companies Act, 1956 and having its registered office at 8, Lake Town, Block-

B, Ground Floor, Kolkata, West Bengal -700089.

…Struck Off

-And-

IN THE MATTER OF:

M/s Kasturi Promoter Private Limited, represented through its shareholder

Mr. Anil Kumar Bajoria

……………. Appellant/Petitioner

-Versus-

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

Chandra Bose Road, Kolkata-700020.

……………. Respondent

Date of Pronouncement: 27.03.2025

Coram:

Smt.Bidisha Banerjee, Member (Judicial)

Smt. Madhu Sinha, Member (Technical)

Appearance (video conference/physically) :

M/s Aditi Jhunjhunwala ] For the Appellant/Petitioner

ORDER

Per: Bidisha Banerjee, Member (Judicial)

1. The court convened through a hybrid mode.

2. This Company Petition has been filed by one shareholder Mr. Anil Kumar Bajoria of the petitioner company, M/s Kasturi Promoter 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

03.02.2022

3. It is contended that the company has not filed the Annual Returns and Financial Statements for the financial years ended in 2018-2019, 2019-2020, 2020-2021, 2021-2022, 2022-2023, due to the reason that since the last few years the company was running in loss and the Board of Directors of the Company were busy for the development of the business and for that reason they were unable to supervise the day to day affairs of the company and at the same time the person who was entrusted with the job for preparation of final accounts and filing of that with the Registrar of Companies left office without giving prior notice and hence the Company had to face this untoward situation of non- filing of the required accounts and returns. Hence, the delay in filing the Financial statements and Annual Returns is due to inadvertent and unintentional mistakes and has now produced copies of the said financial statements.

4. Upon the said contentions, the Ld. Counsel for the Petitioner prayed for passing of an order for restoration of the name of the appellant company. These statements have now been presented in the petition.

5. Notices were issued to the Registrar of Companies, West Bengal. A report in relation to the said petition was submitted at the Registry with copy to the petitioner. It was stated in the report that only after compliance of the requirements 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.

6. 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 feel that the reasons given for non-filing of declaration with the Registrar by the Company are inadvertent and unintentional mistakes. Considering the submission of the Ld. Advocate that the company wants to revive its business and it presently has immoveable property in its name, it is just that the name of the Company is restored. Therefore, the plea raised in the Company Petition deserves consideration. Accordingly, the Company Petition is to be allowed upon payment of cost of Rs.50,000/- (Rupees Fifty Thousand only), which would meet ends of justice in the peculiar nature and circumstances of the case in hand.

7. 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 C