IN THE NATIONAL COMPANY LAW TRIBUNAL KOLKATA SPECIAL BENCH (COURT NO. II)

KOLKATA

In the matter of

An application under Section 252 (3) of the Companies Act, 2013.

And

In the matter of:

M/s. Ultimate Vintrade Private Limited (CIN: U51909WB2008PTC128793) A company incorporated under the Companies Act, 1956 and having its registered office at: 3A, Mangoe Lane, Kolkata-700001, India, in the

State of West Bengal within the aforesaid Jurisdiction.

… Struck Off

And

Mr. Jagdish Agarwal, Promoter Shareholder of M/S. Ultimate Vintrade

Private Limited

… Applicant

-Versus-

The Registrar of Companies, West Bengal, having its office at Corporate Bhawan, 4th Floor Plot No.IIIF/16, in AA-IIIF Rajarhat, New

Town, Akandakeshari Kolkata-700 135

…… Respondent

Date of Pronouncement: 14.11.2025.

Coram: Shri Cheekati Radha Krishna, Member (Judicial)

Ms. Rekha Kantilal Shah, Member (Technical)

Appearances (via Video Conference/physically):

Mr. Abhishek, ] For the Petitioner Mr. Sanjay Sardar, Dy. ROC ] For Office of ROC

O R D E R

Per: Rekha Kantilal Shah, Member (Technical)

1) This Company Petition has been filed by Mr. Jagdish Agarwal, Promoter and Shareholder of M/s. Ultimate Vintrade Private Limited u/s. 252(3) of the Companies Act, 2013 for restoration of name of the struck off company in the register of companies, maintained in the office of the Registrar of Companies, West Bengal. It is stated that the name of the Company was struck off on 30.06.2017.

2) It is contended that the Company had not filed the Financial Statements for the financial years ended 2013-2014, 2014-2015, 2015-2016 2016-2017, 2017-2018, 2018-2019, 2019-2020, 2020- 2021, 2021-2022, 2022-2023, and 2023-2024 and Annual Returns of the Company for the financial years ended 2013-2014, 2014- 2015, 2015-2016 2016-2017, 2017-2018, 2018-2019, 2019-2020, 2020-2021, 2021-2022, 2022-2023, and 2023-2024 due to inadvertence and due to some management issues and internal problems and has produced copies of the said financial statements. It is further contended that the company was in a going concern but could not file its annual returns inadvertently. Upon the said contentions, the Ld. Counsel for the Petitioner prayed for passing of an order for restoration of the name of the appellant company.

3) Notices were issued to the Registrar of Companies, West Bengal. The Registrar of Companies, West Bengal has submitted its report at the Registry with copy to the petitioner. It was stated in the report that only after compliance of the requirements to be met under Section 248 of the Companies Act, 2013, Registrar of Companies, West Bengal has struck off the name of the company from the register maintained by the Registrar of Companies, West Bengal.

4) ROC West Bengal has not objected to this application for restoration of the name of the petitioner company. On perusal of documents, we are also satisfied that the petitioner was a going concern and doing business on the date of striking off its name. Therefore, the name of the petitioner company should be restored to the register. Therefore, this petition deserves sympathetic consideration. Accordingly, the present petition is allowed on the following terms:-

5) Accordingly, in exercise of the powers conferred on the Tribunal under Section 252 of the Companies Act, 2013, the petition is allowed upon the following:

a) The Registrar of Companies, West Bengal the respondent herein, is directed to restore the original status of the petitioner company as if the name of the Company had not been struck off from the register of Companies with the resultant and consequential actions like changing status of petitioner company from ‘struck off’ to ‘Active’.

b) The Petitioner Company is directed to file all pending statutory document(s) including Annual Accounts and Annual returns for the period 2013-2014, 2014-2015, 2015-2016 2016-2017, 2017-2018, 2018-2019, 2019-2020, 2020-2021, 2021-2022, 2022-2023, and 2023-2024 along with filing fees and the additional fees, as applicable on the d