O R D E R

Per: Bidisha Banerjee, Member (Judicial)

1. This Company Petition has been filed by the petitioner of P R Conclave Private Limited (struck off) 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 the Company was struck off on 03.02.2022.

2. The Company was incorporated on 27.08.2011 as a private limited company, having CIN: U45400WB2011PTC166890 with Registered Office situated at Arabindra Nagar, Bye Pass Road (N), Bankura – 722101, West Bengal, India.

3. That as per available records on MCA 21 portal, the names of the Directors of the Company on the date of strike off are as follows:

4. The petitioner, P R Conclave Private Limited, represented through its shareholder, Mr. Prasanta Dana.

5. The authorized share capital of the company is ₹ 10,00,000/- (Rupees Ten lakhs only) divided into 1,00,000 equity shares of ₹ 10/- each and issued, subscribed, paid up capital of the company is ₹ 9,00,000/- (Rupees Nine lakhs only) divided into 90,000 equity shares of ₹ 10/- each.

6. The fact of the case is that Registrar of Companies, West Bengal issued notices STK-5 vide public notice No. ROC/WB/Drive.IV/STK-5/2021/1 dated 28.12.2021 was issued containing the name of the company. No response and/or objection was received by any of the parties from removal of names of the company from the Registrar of Company, West Bengal. The Registrar of Company, West Bengal had reasonable cause to believe that the company was not in operation and, therefore, the name of the company was considered for striking off from the Register of Companies. Further, it is submitted that as per provision of Section 248(5) of the Companies Act, 2013 after the expiry of the prescribed time period and as no response has been received from the company and the public, a notice STK-7 vide Public Notice No: RoC/WB/248(5)/STK 7/Drive-IV/2021/1 dated 03.02.2022 was issued by the Registrar of Companies, West Bengal reflecting the name of the company as strike off w.e.f. 03.02.2022.

7. That the Petitioner contends that the accounts of the petitioner company were prepared and audited, and that the company had hired a practicing Company Secretary to handle the task of filing returns with the Registrar of Companies (ROC). However, the company did not disclose this arrangement to its shareholders. Furthermore, the company was under the impression that the designated Company Secretary had filed all the Financial Statements and Annual Returns with the concerned Registrar of Companies and the Financial Statement and Annual Return for the year ending 31st March, 2022, along with the auditor’s report, was ready to be filed then the petitioner became aware that the company’s name had been struck off by the Respondent Party due to no-filing of Financial Statement and Annual Report for the Financial Year 2018-19, 2019-20 and 2020-21. Additionally, the Petitioner submits that such proceedings had initiated without any prior notice to the Petitioner company which was in violation of the provision of Section 248 (1) of the Companies Act, 2013. Subsequently, the Company attempted to file the outstanding documents with the ROC, but encountered difficulties due to its “Strike Off Status”, as a result of this, the Petitioner was also unable to file the required documents for the years 2022, 2023 and 2024. It is further states that the Petitioner Company is actively carrying on its business and operations and is not a defunct entity. Therefore, the striking off of the company’s name from the Registrar of Companies is unjustified, and it is imperative that the company be restored to continue its lawful business activities.

8. It is submitted that the Registrar