CP 802 (MB) 2017 Under section 252(1) r/w 252(3) of The Companies Act, 2013 r/w Rules 11 & 15 of NCLT Rules, 2016 In the matter of SMK Corporate Advisor Private Limited CIN: U74999PN2011PTC139641 Reg. Office: At Flat No. 6, Vishawajeet Aparment, Bhusari Colony, near VED Bhavan Pune MH 411038 IN Through its Director, Mrs. Sampada Samir Bhagwat …Petitioner v/s REGISTRAR OF COMPANIES, PUNE Reg. Office: PMT Building, 3^rd Floor, Deccan Gymkhana, Pune- 411004 …Respondent Order delivered: - 18.12.2023 CP 802 (MB) 2017 Coram:

Anil Raj Chellan Kuldip Kumar Kareer Member (Technical) Member (Judicial)

Appearances For the Appellant : Adv. Prachi Wazalwar ORDER Per: Coram

1. The present Petition has been filed under Section 252(1) read with Section

252(3) of the Companies Act, 2013 read with Rules 11 and 15 of NCLT Rules, 2016 by SMK Corporate Advisor Private Limited seeking condonation of delay in filing the order permitting restoration of its name in the Register maintained by the Registrar of Companies, Pune. (RoC).

2. The Petitioner sought following reliefs:

• Condone delay of 18 days in filing Form INC-28.

• Direct Respondent to reconsider the Form INC-28 that has been filed on 20^th March 2018.

• Permit the Petitioner Company to file order dated 30.01.2018 along with Form-INC 28 again.

CP 802 (MB) 2017 • To allow for refiling Form INC-28 with order dated 30.01.2018 within 30 days from receiving the certified copy of the order.

3. Facts of the Case:

• The Petitioner Company was struck off by RoC, Pune.

Thereafter, the Petitioner Company filed an application in CP No. 802 0f 2017 under Section 252 of the Companies Act, 2013 seeking restoration of its name in the Register maintained by ROC, Pune.

• This Tribunal passed an order dated 30.01.2018 permitting the restoration of the name of the Petitioner Company in the Register of Companies on the terms and conditions stated therein and directed, inter alia, as follows:

“The Company is directed to file all the required documents and shall fulfil other relevant statutory compliances within 30 days from Restoration of its name in the Register of Companies maintained by ROC”

• Accordingly, the due date for filing the certified copy of the Order dated 30.01.2018 with the Registrar was 2^nd March 2018 i.e. within 30 days from the Order dated 30.01.2018. However, the certified copy of the aforesaid Order was filed with the Registrar CP 802 (MB) 2017 vide Form INC-28 on 20^th March 2018. Thus, there was a noticeable delay of 18 days in filing the certified copy of the aforesaid order with the Registrar. The explanation given for delay of 18 days by the Petitioner Company is that the clerk of the advocate for the petitioner had misplaced the certified true copy of the restoration order obtained by him on 08.02.2018.

• Thereafter, the Petitioner Company received an email dated

26.11.2019 from the Ministry of Corporate Affairs with respect to Form INC-28, for filing of NCLT order u/s. 252, stating that the form had been kept in abeyance due to defects or incompleteness in the form as noticed by the ROC and placed on the Ministry website and directed the Petitioner Company to resubmit the form till 11.12.2019, failing which the e-form shall be considered invalid. However, the office staff of the Petitioner Company was unable to understand the query in the said email as according to them, Form INC-28 was already filed. Further, the Petitioner Company continued to complete the compliances of filing returns for the upcoming years. The form for filing annual returns were permitted to be filed by the system and the company faced no difficulty to file forms.

CP 802 (MB) 2017 • The Petitioner Company again received an email dated 29^th January 2020, regarding said incompleteness in the Form INC 28 and was allowed by MCA for resubmission of the form till 13/02/2020, failing which the Form INC 28 would be treated as invalid and it would not be placed on record and the transaction would be considered as cancelled.

• The Petitioner Co