306

IN THE NATIONAL COMPANY LAW TRIBUNAL

DIVISION BENCH–I, CHENNAI

ATTENDANCE CUM ORDER SHEET OF THE HEARING

HELD ON 11.06.2024 THROUGH VIDEO CONFERENCING

---------------------------------------------------------------------------------------------------------------

PRESENT: HON’BLE SHRI. SANJIV JAIN, MEMBER (JUDICIAL)

HON’BLE SHRI. VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL

----------------------------------------------------------------------------------------------------------------

APPLICATION NUMBER : Comp.Appeal/5/2024

PETITION NUMBER :

NAME OF THE PETITIONER(S) : Reliance Kraft Paper India Pvt. Ltd.

NAME OF THE RESPONDENT(S) : RoC, Chennai

UNDER SECTION : Sec 252(3) of CA, 2013

----------------------------------------------------------------------------------------------------------------

ORDER IN THE NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH – I, CHENNAI Under Section 252 of the Companies Act, 2013 In the matter of RELIANCE KRAFT PAPER (INDIA) PRIVATE LIMITED K.N. Ravishankar, No 47, Balu Nagar, Mogappair, Chennai- 600 037 … Applicant -Vs-

Present: Shri. SankarVaradharajan, Ld. Counsel for the Appellant.

Vide separate order pronounced in Open Court, the application is allowed. The Company M/s. Reliance Kraft Paper (India) Private Limited is restored subject to payment of Rs.2,00,000/- (Rupees Two Lakhs only) through online payment in www.mca.gov.in under miscellaneous fees by mentioning the particulars as

“payment of cost for revival of the Company”.

File be consigned to records.

Sd/- Sd/-

VENKATARAMAN SUBRAMANIAM SANJIV JAIN MEMBER (TECHNICAL) MEMBER (JUDICIAL)

VS

THE REGISTRAR OF COMPANIES Shastri Bhavan, 2nd Floor, Haddows Road, Chennai-600 006 … Respondent Order Pronounced on 11th June 2024 Present:

For Applicant : Sankar Varadharajan, Advocate For Respondent : Avinash Krishnan Ravi, Advocate CORAM SANJIV JAIN, MEMBER (JUDICIAL)

VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL)

O R D E R

(Heard through –VC-)

This is an Application filed by Mr.K.N. Ravishankar in the Limited under Section 252 of the Companies Act, 2013 aggrieved against the order of strike off carried out by the Respondent namely, the Registrar of Companies under Section 248 of the Companies Act, 2013 seeking to restore the name of the Company in the Register maintained by the Respondent/RoC.

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

.

3 The main object of the Company is to carry on the business of manufacture of Kraft paper and other varieties of paper, sell, import, export and generally deal in all types of papers including but not limited to carry on the developmental activities…” The details of the main object are set out in the Memorandum of Association which is filed along with the typed set of documents.

4. The reasons for non-filing of statutory financial statements are stated in para f, g, h & i of the Application. It is stated that, the Applicants were not aware of the legal obligations of filings and requisite compliances and the default was not wilful or wanton.

5. The Respondent ROC has filed the reply in form of a Report. It is stated that, the company was struck off as the company has not filed the financial statements and annual returns from the financial year

2010 – 2011 onwards.

6. It is averred in para 8 of the report that, the reason for revival mentioned in the Application is “the company and the directors would not be in a position to raise funds from the banks and financial institutions if the company is not revived and ultimately will affect the interest of the shareholders and the applicant will be put in irreparable loss and hardship if the present Application is not entertained”.

7. Apart from the statements made Supra, there are no significant objections raised by the ROC.

8. We have considered the plea of the Applicant Company and the Respondent/RoC as well. The Applicant is seeking restoration of its name in the register maintained by RoC and has placed on record the following documents as evidence:-

i) Copy of Annual Accounts for the year en