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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



Advocates:
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

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