IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHI

COURT – IV

ITEM No. 420

CA-393/ND/2021

Appeal No. 597/252/ND/2018

IN THE MATTER OF:

M/s Sunbeam Buildtech Pvt. Ltd.

…

Appellant

Vs.

ROC

…

Respondent

Order under Section 252

Order delivered on 28.09.2021

Coram:

DR. DEEPTI MUKESH,

HON’BLE MEMBER (JUDICIAL)

MS. SUMITA PURKAYASTHA,

HON’BLE MEMBER (TECHNICAL)

PRESENT:

For the Appellant

: Mr. Rakesh Kumar, Ms. Preeti Kashyap, Mr. Ankit Sharma,

Advs.

For the ROC

: Ms. Sweety Kumar, AROC

ORDER

CA-393/ND/2021:

This is an application filed by original Appellant seeking condonation

of delay of 877 days in filing Statutory Returns with ROC in compliance of

the order dated 24.10.2018 which was passed by this Bench reviving the

Appellant company which was struck off in pursuance of the STK-7 form

published by ROC dated 30.06.2017. Learned Counsel for the Appellant

states that after the order reviving appellant company was passed on

24.10.2018, within 30 days the relevant filing of statutory documents before

ROC was to be completed subject to payment of Rs. 25,000 to be paid to the

Prime Minister Relief Fund. Learned Counsel states that the proof of

payment of Rs. 25,000 in Prime Minister Relief Fund is annexed though

belatedly but the same was paid in January 2019. Copy of receipt is

annexed. Learned Counsel further states that due to ill-health of the mother

of the Director. The Director was unable to take timely steps and could not

comply the said order and file the statutory returns before ROC within time

prescribed. Learned Counsel states that all the documents are prepared and

ready for filing but when they approached ROC, the ROC has not responded

to the request made by Appellant. Learned AROC states that after the order

was passed almost after more than two years the appellant approached

AROC and the same could not be considered without any appropriate

orders. Ms. Sweety, Learned AROC makes a statement on instructions that

ROC does not have objection in granting the condonation of delay as prayed,

subject to filing all the penality interest and levy of any charges as per the

provisions of the Companies Act 2013. Considering the submission made by

Learned AROC and documents placed in this application, we allow the

application, thereby condone delay of 877 days in filing statutory returns

with ROC, in compliance of the order dated 24.10.2018. The said

condonation is subject to paying cost of Rs. 25,000 to the Prime Minister

Relief Fund.

Application is allowed and disposed of.

Sd/-

Sd/-

SUMITA PURKAYASTHA

MEMBER (TECHNICAL)

DR. DEEPTI MUKESH

MEMBER (JUDICIAL)

UPASANA