IN THE NATIONAL COMPANY LAW TRIBUNAL

KOLKATA BENCH (Court-I)

KOLKATA

CP No. 141/KB/2022

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

In the matter of:

Rose Valley Investment Consultants Private Limited, having registered office at

9, Lal Bazar Street, 3^rd Floor, Kolkata-700001 .

…Struck Off

And

Vineet Kedia, residing at Brindavan Apartment, 80/81A, Sri Aurobindo Road, Salkia,

Haora-711106.

……Applicant/Petitioner

-Versus-

THE REGISTRAR OF COMPANIES, Kolkata, having its office at Nizam Palace 2nd

Floor, M.S.O. Building, 234/4 A.J.C Bose Road, Kolkata-700020.

…… Respondent

Date of Hearing: 29/07/2022

Date of Pronouncement: 01/09/2022

Coram:

Shri Rohit Kapoor, Hon’ble Member (Judicial)

Shri Balraj Joshi, Hon’ble Member (Technical)

NCLT, KOLKATA BENCH-(Court-I)

KOLKATA

C.P. No. 141/KB/2022

Page 2 of 4

Appearances:

Ms. Aditi Jhunjhunwala, Practising Company Secretary

Mr. Siddharth Agarwal, Advocate

O R D E R

Per: Shri Rohit Kapoor, Hon’ble Member (Judicial):

1) This Company Petition has been filed by the shareholder of Rose Valley

Investment Consultants Private Limited u/s 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

24.08.2018.

2) It is contended that the Company had not filed the Annual Returns of the

Company for the financial year ended 2015-2016, 2016-2017, 2017-2018,

2018-2019, 2019-2020 & 2020-2021 due to inadvertent mistake and it will be

unfair to the shareholders and the Company if the struck-off company is not

revived. Upon the said contentions, the Authorised Representative for the

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

struck-off company.

3) Notices were issued to the Registrar of Companies, West Bengal. The Registrar

of Companies, West Bengal has submitted a report. It was stated in the report

that only after compliance of the requirements to be met under Section 248 of

the Companies Act, 2013, Registrar of Companies, West Bengal has struck-off

the name of the company from the register.

NCLT, KOLKATA BENCH-(Court-I)

KOLKATA

C.P. No. 141/KB/2022

Page 3 of 4

4) Registrar of Companies, West Bengal has not objected to this application for

restoration of the name of the Company.

5) On perusal of the application, we feel that it is just and equitable to restore the

name of the company to the register. Accordingly, the present petition is

allowed on the following terms: -

a) The Registrar of Companies, West Bengal, 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 file all pending statutory

document(s) including Annual Accounts and Annual returns for the

pending years along with prescribed fees/additional fees/fine as decided by

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. 60,000/- (Rupees Sixty 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 CP No. 141/KB/2022”.

NCLT, KOLKATA BENCH-(Court-I)

KOLKATA

C.P. No. 141/KB/2022

Page 4 of 4

d) The Petitioner is directed to deliver a certified copy of this order with

Registrar of Companies, West Bengal within thirty days