The Tribunal may restore a company's name struck off under Section 252 of the Companies Act, 2013, if it is just and equitable to allow the company to rectify statutory defaults and resume operations, subject to payment of costs and filing of pending returns.

ORDER

1. The present Appeal has been filed by the Company, namely Amaz Lifecare Private Limited, (hereinafter referred to as the “Appellant”/ “Company”), having registered office at 152A, New Rajiv Nagar, Hisar, Haryana - 125001 under sub-section (1) of Section 252 of the Companies Act, 2013 (hereinafter referred to as “Act”), praying to direct the Registrar of Companies, NCT of Delhi & Haryana (hereinafter referred to as “RoC”), to:-

(a) Restore the name of the Company in the Register of Companies,

(b) Place the Company and all other person in the same position as if the name of the Company had not been struck off,

(c) Waive off the penalty cost in accordance with sub rule 4(c) of rule 87(A) of the National Company Law Rules, 2016 .

2. The averments, as made in the Appeal and as summarised by the learned counsel, are summarised as below:-

(i) The Company was incorporated under the name and style of “Amaz Lifecare Private Limited” on 22.02.2021 in the Hisar district, Haryana under the provisions of the Companies Act, 2013. The Corporate Identification Number of the Company is U74999HR2021PTC093094.

(ii) The Capital Structure of the Company are as follows:

(iii) The Appellant Company is engaged in the business of acting as a dealer, trader, promoter, representative, agent, merchant, wholesaler, distributor, and buying/selling agent, and also provides business support and consultancy services, including digital marketing, as per the objects stated in its Memorandum of Association. A copy of the e- Memorandum of Articles and e-Articles of Association has been annexed at Annexures A-7 and A-8 to the Appeal.

(iv) Due to lack of proper professional guidance, oversight and inadvertent reasons, the Appellant Company could not file the financial statements and annual returns for the year 2021 and 2022 with the RoC as required under the Act and consequently, due to non- compliance of the same, name of the Company was struck off by the RoC vide Public Notice dated 31.22.2022 bearing Number - ROC- DEL/248(1)/7099412022 in Form STK-7 under Section 248 (1) of the Act.

(v) The Appellant Company has been regularly doing business and was in operation when the impugned order of Strike off came, which may be evident from the Bank Account Statement of the Company maintained with the Axis Bank, and the same has been annexed as Annexure A4 to the Appeal.

(vi) The Appellant Company bears registered GST no. 06AAUCA8250B1ZO dated 13.05.2021 and had submitted GST 3B Returns till January 2023 which shows that the Appellant Company was in operation at that time. A copy of GST 3B returns has been annexed as Annexure A-3 to the Appeal.

(vii) The Appellant Company also holds the FSSAI Registration No. 20821006000738, which was valid from 14.05.2022 to 13.05.2023, indicating that the Appellant Company was doing its business at that time. A copy of FSSAI letter has been annexed as Annexure A-6 to the Appeal.

(viii) The Appellant Company failed to carry on its operations and commence business within one year of its incorporation due to the second wave of Covid-19.

3. The Report of the RoC has been filed on 17.11.2023 wherein the RoC has stated as follows:

(i) The Company was incorporated on 22.02.2021, however, the subscribers to the Memorandum did not pay the subscription amount undertaken at the time of incorporation, and no declaration under Section