ORDER

1. This Application has been filed on 22.03.2023 by Mr. Vikas Sharma (hereinafter as “Applicant”), Director of VSKRISHNA INFO PRIVATE LIMITED under Section 252(3) of the Companies Act, 2013, praying for restoration of the Company’s name i.e. VSKRISHNA INFO PRIVATE LIMITED in the Register of Companies maintained by Registrar of Companies, Uttar Pradesh (hereinafter referred as “ROC/Respondent”).

2. VSKRISHNA INFO PRIVATE LIMITED (herein after ‘Applicant Company’) was incorporated on 06.01.2021 under the provisions of the Companies Act, 2013 bearing CIN: U26999UP2021OPC142919. The registered office of the Company is located at C/o Mahendra Sharma, Jaitpur Vashipur, Greater Noida, Gautam Buddha Nagar, Uttar Pardesh-201307.

3. The Company is run by Mr. Vikas Sharma and Mrs. Savita as a Director and Members holding 1000 (10%) equity shares and 9000 (90%) equity shares of the Company respectively. The Authorized Share Capital of the Company is Rs.1,00,000/- consisting of 10,000 equity shares of Rs. 10/- each. Issued, Subscribed and Paid-up Share Capital is 1,00,000/- consisting of 10,000 equity shares of Rs.10/- each.

4. The Company’s business operations involved facilitating transactions between buyers, sellers, suppliers, importers, exporters, traders, retailers, whole-sellers, agents, sub-agents, merchants, distributors, consignors, jobbers, brokers, exchange, distribute, market, commercialize, derive, extract, grade, manipulate, market, raise, store and to act as tobacconists, agent, broker, adatia, contractor, stockist, distributor, auctioneer, or otherwise to deal in all varieties of raw-tobacco and finished tobacco, tobacco crops, cigars, cigarettes, bidies, biries, churuts, pipes, matches, match lights, scented/flavored chewing zafrani zarda, tobacco, tobacco paste, pan-masala, pan-chatni, kiwam, gutkha, mouth freshener, sweet/tobacco mava, tobacco products, allied flavours and perfumery compounds and all other allied goods & commodities, their raw materials, ingredients, intermediates, residues, waste & derivatives, which also includes taking over or acquiring the business of existing manufacturing unit or reselling units dealing in tobacco business and establish.

5. It is stated that the Company has defaulted in filing FORM INC 20A, declaration pursuant to commencement of business operations within 180 days from the date of incorporation as per Section 10A(1)(a) of the Companies Act, 2013 r/w Rule 23A of the Companies (Incorporation) Rules, 2014.

6. As a consequence of the above violation, the ROC/Respondent initiated action against the Applicant Company as per Section 248 of the Companies Act, 2013 by striking off the name of the Company and an order-STK-7 dated 15.12.2023 as per to Section 248(5) of the Companies Act 2013 r/w rule 9 of the Companies (Removal of names from the Register of Companies) Rules, 2016 was passes by the ROC, Kanpur, UP publishing the name of the Applicant Company on the MCA portal as being struck off. Form no. STK-7 Notice of Striking off and Dissolution is annexed as Annexure No.3 with the Application.

7. It is contended by the Applicant that before striking off the name of the company, neither any show cause notice in the form of STK-5 nor any opportunity of being heard was afforded to the directors by the ROC, UP as per section 248 of the Companies Act, 2013 indicating their intention to remove the name of the Company from the Register of the Company.

8. It is also contended by the applicant that as a consequent of name of the applicant company being struck off, it could not file other statutory documents such as Financial Statements and Annual Return for the F.Y 2021-22 with the Registrar of Companies, UP. Copy of Financial Statement for the year 2021-22 is annexed as Annexure No. 6 with application

9. It is submitted by the applicant that they were duly active in doing business activities as per Memorandum and Article of Association and were maintaining all the requisite documents since incorpo