2026 Supreme(Online)(NCLT) 2815
NATIONAL COMPANY LAW TRIBUNAL
VISHAL CAREWELL TOURS & TRAVELS PRIVATE LIMITED – Appellant
Versus
Registrar of Companies Kolkata – Respondent
CP - 41/2026
For the Petitioner:Sneha Khaitan Jalan
##PAGE1##
IN THE NATIONAL COMPANY LAW TRIBUNAL
KOLKATA BENCH, COURT- I
C.P. NO. 41/KB/2026
An application under Section 252 (3) of the Companies Act, 2013 and NCLT
Rules, 2016 and Rule 87A of the NCLT Amendment Rules, 2017.
IN THE MATTER OF:
VISHAL CAREWELL TOURS & TRAVELS PRIVATE LIMITED
…Struck Off Company
-And-
IN THE MATTER OF:
RAKESH MEHTA
…Petitioner
-- Versus –
THE REGISTRAR OF COMPANIES, WEST BENGAL
…Respondent
Date of Pronouncement: 15.05.2026
CORAM:
Smt. Bidisha Banerjee, Member (Judicial)
Cmde. Siddharth Mishra, Member (Technical)
APPEARANCES (VIA HYBRID MODE):
Mr. Kishan Goenka, Adv. ] For Petitioner
Mr. Mohan Ram Goenka, Adv. ]
##PAGE2##IN THE NATIONAL COMPANY LAW TRIBUNAL
KOLKATA BENCH, COURT- I
C.P. NO. 41/KB/2026
O R D E R
Per: Smt. Bidisha Banerjee, Member (Judicial)
1) This Company Petition has been filed by Rakesh Mehta as one of the
shareholders of the Struck-off Company inter alia under section
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 Vishal Carewell Tours & Travels Private Limited (CIN:
U63040WB1999PTC088610) (“Company” / “Petitioner Company”)
was struck off on 03.02.2022
2) Notices were issued to the Registrar of Companies, West Bengal. The
Registrar of Companies, West Bengal has submitted a report with
copy to the petitioner. It was stated in the report that the name of the
Company was struck of under section 248(1) of the Companies Act
2013 since the RoC, West Bengal had reasonable cause to believe that
the Company was not carrying on its business or was in operation for
the preceding 2 years from the strike-off since the company had not
filed its statutory return after the financial year ended on 31.03.2018.
3) It is submitted by the Petitioner that such non-filing of the statutory
returns for the relevant years occurred inter alia due to inadvertence
and such lapse was neither intentional nor with any mala fide
intention.
4) The Ld. Counsel for the Petitioner prayed for passing of an order for
restoration of the name of the Company to the register.
Page 2 of 4
##PAGE3##IN THE NATIONAL COMPANY LAW TRIBUNAL
KOLKATA BENCH, COURT- I
C.P. NO. 41/KB/2026
5) Registrar of Companies, West Bengal has not objected to this
application for restoration of the name of the company. On perusal
of the application we are satisfied that the name of the company
should be restored to the register. Therefore, this petition deserves
sympathetic consideration. Accordingly, the present petition is
allowed on the following terms :-
a) The Registrar of Companies, West Bengal, being 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 conduct all the pending
Annual General Meetings, file all pending statutory document(s)
including the Annual Returns and Financial Statements of the
Company along with legally mandated additional fee/penalty/fine
with the Registrar of Companies, West Bengal, within 45 days from
the date on which its name is restored on the register of companies
maintained by the Registrar of Companies, West Bengal.
c) The restoration of the Company’s name is also subject to the
payment of cost of Rs. 80,000/- (Rupees Eighty Thousand only
through online payment in www.mca.gov.in under miscellaneous
fee by mentioning particulars as “Payment of cost for restoration
of company pursuant to orders of NCLT in C.P. No.
41/KB/2026”
Page 3 of 4
##PAGE4##IN THE NATIONAL COMPANY LAW TRIBUNAL
KOLKATA BENCH, COURT- I
C.P. NO. 41/KB/2026
d) The Petitioner is directed to deliver a certified copy of this order
with Registrar of Companies, West Bengal within thirty days of the
receipt of this order.
e) On such delivery and after due compliance with the above
dire