MUMBAI BENCH, COURT-V Company Petition No.

Under Section 252(1) of Companies Act, 2013 In the matter of Noble Machanical Maintainance Contractors Private Limited.

Represented by its Director and Shareholder, Mr. Omkar Milkhiram Chandle

21/A rajkunj Soc, Chembur Mumbai -

400074.

… Appellant V/s.

The Registrar of Companies, Mumbai Everest, 5th Floor, 100 Marine Drive, Mumbai- 400 002.

… Respondent Order Reserved on 05.07.2023 Order Pronounced on 06.07.2023 Coram:

Hon’ble Shri Kuldip Kumar Kareer, Member (Judicial)

Hon’ble Shri Shyam Babu Gautam, Member (Technical)

Appearance:

For the Applicant: Mr. Yogesh Dabholkar, PCS

ORDER

1. This present Petition has been filed under Section 252 of the Companies Act, 2013 (hereinafter as to Act) by “Noble Machanical Maintainance Contractors Private Limited”, seeking relief against the respondent, inter-alia among other things, to restore the name of the company in the Register of Companies maintained by the Registrar of Companies, Mumbai.

2. The name of the Company was struck off from the Register on account of the reasons that the Company had failed to file the statutory Returns for the Financial Year 2019-20 to 2020-21 and had also not made any application within such period for obtaining the status of Dormant Company under Section 455 of the Act. The ROC has published a public notice for striking off and dissolution of Company i.e. STK-7 dated 07.04.2022.

Submissions from the Petitioner:

3. It is submitted that the company was incorporated on

28.12.2005 under the Companies Act, 1956. The Annual Returns and Financial Statements could not be filed for the Financial Years 2019-20 and 2020-21. It is further submitted that the Company now has all the remaining documents ready and prepared and is willing to file the same before the ROC, if so permitted. Further the Company is willing to file any other necessary document which are required by the ROC.

Submissions from the Respondent/RoC:

4. The Respondent/ ROC has filed a detailed report with this Tribunal explaining the sequence leading to the striking off of the company. It is stated that the petitioner has failed in filing of its statutory returns. The Respondent side issued notice STK-1 to notice STK-7 to the Company on the ground that the Company has failed in filing Annual Return and Financial Statement of the Company and have not made any application within such period for obtaining the status of Dormant Company under Section 455 of the Act and also issued STK-5 dated 20.12.2021.

5. The Respondent has further submitted that in absence of any representation against the proposed strike off action, the Registrar struck off the name of the company on 07.4.2022 and the dissolution order was published on the website of the Ministry vide STK 7 on 07.04.2022.

Findings:

6. The facts and circumstances of the case show that the relevant documents which are required to be filed, are ready with the Company and the Company is willing to file the same, if so permitted.

7. The Petitioner has enclosed the Audited Annual Accounts for the years 2019-2020 and 2020-2021 with the Petition to demonstrate that the Company is in continuous operation.

8. Hence, upon considering the facts and circumstances of this present petition, this Bench is of the view that, it would be just and proper to order restoration of the name of the Company in the Register of Companies maintained by the ROC.

9. Accordingly, this Petition is allowed. The restoration of the Company’s name to the Register of Companies maintained by the ROC is hereby ordered with a direction that the Company shall comply with the Provisions of the Act and further it will be subject to payment of costs of Rs. 50,000/- to be paid online through Bharat Kosh to the concerned ROC as and when the order gets uploaded on the site of this Tribunal. Consequentially thereupon the Bank Account/s, if freezed, shall get defreezed and can be operated by the Company.

10. The Registrar of Companies, Mumbai shall give effect of this Order only aft