IN THE NATIONAL COMPANY LAW TRIBUNAL ALLAHABAD BENCH, PRAYAGRAJ U/s. 252(3) of the Companies Act, 2013 In The Matter of:
An Application under section 252(3) of the Companies Act, 2013 seeking restoration of the company on the Register of the Companies maintained by the Registrar of Companies, Uttar Pradesh, Kanpur -And-
In The Matter of GOVERDHAN FLOOR AND RICE MILL PRIVATE LIMITED A company incorporated as a private limited company under Companies Act,2013 having registered office at: c/o Jivan Trading Company LRP Road, Lakhimpur Khiri Uttar Pradesh
262701.
-And-
In The Matter of:-
MR. GYAN SWAROOP SHUKLA (SHAREHOLDER/DIRECTOR)
………Applicant VERSUS THE REGISTRAR OF COMPANIES, KANPUR, UP
37/17, WESTCOTTT BUILDING, THE MALL KANPUR-208001.
………Respondent Order pronounced on: 2nd August, 2023 CORAM: 1. Hon’ble Shri Praveen Gupta, Member (Judicial)
2. Hon’ble Shri Ashish Verma, Member (Technical)
PRESENT:
For the Applicant : Shri Abhishek Mishra, PCS.
For the IT Department : Shri Krishna Agarwal, Sr. SC.
For the RoC, U.K. : Shri Shivendra Bahadur, CGSC
ORDER
1. This Application/Petition has been filed on 26.05.2022 by Mr. Gyan Swaroop Shukla (hereinafter as “Applicant”) under Section 252(3) of the Companies Act, 2013, (hereinafter referred as the Act) , who is a Director and shareholder of “GOVERDHAN FLOOR AND RICE MILL PRIVATE LIMITED”, praying for restoration of the Company’s name i.e. M/s Goverdhan Floor and Rice Mill Private Limited (hereinafter referred as “the Company”) in the Register of Companies maintained by Registrar of Companies, Uttar Pradesh, Kanpur (hereinafter referred as “ROC/Respondent”).
2. M/s Goverdhan Floor and Rice Mill Private Limited (hereinafter called as ‘the Company’) was incorporated on 09.02.2000 as private limited company by shares with registration no. 025119 under the Companies Act, 1956. The Company obtained its Certificate of Incorporation with Corporate Identification Number (CIN) U15311UP2000PTC025119. The registered office is situated at C/o Jivan Trading Company, LRP Road, Lakhimpur, Khiri, Uttar Pradesh-262701.
3. The Company is carrying on the business of Millers of Wheat, Gram and other grains, cereals, dal, rice, Besan, Maida, Aata, Suji and other allied products. It is also engaged in manufacturing of bye products such as Biscuits, Dalia, Flakes, Bread and other confectionery products. The company is also engaged in the business of producing, extracting, refining, storing, exporting, transporting and dealing in all kinds of flours and to construct and run Flour mills, Rice mills, Dal Mills, and of any kind description and to purchase, sell, import, export, manufacture, repair, assemble or otherwise deal in all machinery used in the manufacture of flour, dal, besan, biscuits, flakes, daliya choker and allied products and to purchase, sell, store or otherwise deal in wheat, paddy and other grains, cereals, cotton, kapas, rice, seeds of all kinds and other raw materials necessary for and incidental to or conducive to the above objects or any of them.
4. The Company is run by Mr. Gyan Swaroop Shukla as a Managing Director and Mr. Jagdish Prasad as Director holding equity shares of 10% each. The Authorized Share Capital of the Company is Rs.30,00,000/- consisting of 3,00,000 equity shares of Rs.10/- each. Issued, Subscribed and Paid-up Share Capital is 20,00,000/- consisting of 2,00,000 equity shares of Rs.10/- each.
5. It is stated by the Applicant that Company has never failed in maintaining the Books of Accounts and Financial Statements as per Section 128 and 129 of the Companies Act, 2013 and rules made there under respectively. Copy of Audited Financial and Annual Reports for the year ending 31st March 2015 to 31st March 2021 are annexed in the application at Annexure A-4. The Current Financial position of the Company as on 31st March 2021 on the basis of last audited balance sheet is mentioned below:-
| PARTICULARS | ANOUNT (IN Rs.) |
| S R N L O Sources of Funds Shareholder’s Capital hare Capital eserves and Surplus on- Current liabilities ong –term borrowings ther Current Liabilities | 2 7 6 5 0,00,000.00 ,81,023.58 6,500.00 ,20,724.00 |
| Short-term borrowings | |
| T OTAL | 3 3,68,248.12 |
| T N C C S ASSESTS on-Current Assets angible Assets urrent Assets ash and Cash Equivalents hort term loans and advances | 6 1 2 ,98,108.11 ,947.01 6,68,193.00 |
| TOTAL | 33,68,248.12 |
6. It is submitted by the applicant that he invested Rs. 66,500.00 and Rs. 5,20,724.00 in the company for the purpose of purchasing fixed assets. It is further pointed out in the application that the fund of the Company was invested in the form of Tangible Assets (Land and Building) of Rs. 6,98,108/- and also have current assets in the form of Short Term Loans and Advances to the tune of Rs. 26,68,193/-. With regard to the Income Tax Return, it is submitted that the company has regularly filed its ITR till A.Y 2020-21. The copy of PAN Card (No.AABCG5524B) of the company and acknowledgment of the ITRs are annexed in the application at Annexure No.7
7. It is further submitted by the applicant that due to lack of
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