IN THE NATIONAL COMPANY LAW TRIBUNAL,

KOLKATA BENCH-II

KOLKATA

CP No. 306/KB/2022

An application under Section 252 (3) of the Companies Act, 2013.

And

In the matter of :

M/s Maashirwad Infotech Private Limited a company incorporated under the Companies

Act, 1956 having CIN: U45309BR2017PTC034882,

…….. Struck Off

-- Versus –

THE REGISTRAR OF COMPANIES, Patna, Bihar, having his office at Maurya Lok Complex,

Block “A” Dak Bunglow Road, Patna-800001, Bihar. .

…… Respondent

Date of Hearing:

30/12//2022

Date of Pronouncement:

10/02/2023

CORAM:

1. Mr. Rohit Kapoor, Member (Judicial)

2. Mr. Balraj Joshi, Member (Technical)

Counsel appeared through video Conference/ Physical

Mr.Anil Kumar Dubey,PCS

] For the petitioner

O R D E R

Per: Balraj Joshi, Member (Technical )

1. This Company Petition has been filed by one of the Shareholders of M/s

Maashirwad Infotech Private Limited, u/s 252(3) of the Companies Act, 2013 for

restoration of name of the Struck off company in the register of the

Companies, maintained in the office of the Registrar of Companies, Bihar. It

is stated that the name of the company was struck off on 03/02/2022.

IN THE NATIONAL COMPANY LAW TRIBUNAL,

KOLKATA BENCH-II,

KOLKATA

CP No. 306/KB/2022

……………………………………………………………………………………………………………………………………………………………

2 | P a g e

2. It is submitted that the company has not filed the financial Statements for

the financial years 2018-19, 2019-20, 2020-21,2021-22 and Annual Returns

of the Company for the financial years ended 2018-19, 2019-20, 2020-

21,2021-22, due to due to default of statutory compliances and

has now

produced copies of the said financial statements.

3. It is further contended that the Company has Current Liabilities of Rs.

amounting to Rs.10,000/- Cash and Equivalents amounting to Rs. 63,708 for

the Financial year ended on 31.03.2018 and it will be unfair to company if

the company is struck-off. Upon the said contentions, the Ld. Counsel for

the Petitioner prayed for passing of an order for restoration of the name of

the appellant company.

4. Notices were issued to the Registrar of Companies, Bihar. The Registrar of

Companies, Bihar has submitted a report. It was stated in the report that

only after the

compliance of requirements to be met under Section 248 of

the Companies Act, 2013, Registrar of Companies, Bihar has struck off the

name of the Company from the register.

5. The Registrar of Companies, Bihar has not objected to this application for

restoration of the name of the company. We feel that it is just that the name

of the Company is restored. Accordingly, in exercise of the powers conferred

on the Tribunal under Section 252 of the Companies Act, 2013, the petition

is allowed on the following terms:

a) The Registrar of Companies, Bihar, 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’.

IN THE NATIONAL COMPANY LAW TRIBUNAL,

KOLKATA BENCH-II,

KOLKATA

CP No. 306/KB/2022

……………………………………………………………………………………………………………………………………………………………

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b) The Petitioner Company is directed to file all pending statutory

document(s) including Annual Accounts for the period of

2018-19,

2019-20, 2020-21,2021-22 and Annual returns for the period

2018-19, 2019-20, 2020-21,2021-22 along with prescribed fees/

additional fee/fine as decided by Registrar of Companies, Bihar

within 45 days from the date on which its name is restored on the

register of companies maintained by the Registrar of Companies,

Bihar.

c)

The restoration of the Company’s name is also subject to the

payment of cost of Rs.40,000/- (Rupees Forty 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. 306/KB/2022.”

d) The petitioner is di