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IN THE NATIONAL COMPANY LAW TRIBUNAL
KOLKATA BENCH-(Court-I)
KOLKATA
CP No. 151/KB/2022
In the matter of
An application under Section 252(3) of the Companies Act, 2013
And
In the matter of:
Missa Property Private Limited (CIN: U45400WB2012PTC188349), having its
registered office at 28A, Rafi Ahmed Kidwai Road, Kolkata-700016, West Bengal.
(“Struck Off”)
-------------Appellant/Petitioner
-Versus -
THE REGISTRAR OF COMPANIES, Kolkata, having its office at Nizam Palace,
2nd MSO Building, 2nd Floor, 234/4, Acharya Jagadish Chandra Bose Road,
Kolkata-700020
…… Respondent
Date of Hearing: 01/08/2022
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. 151/KB/2022
Page 2 of 4
Appearances (via Video Conference):
Mr. Avijit Ghoshal, Advocate
: For Petitioner
Mr. Sylendra Tiwari, Advocate
: For Respondent
O R D E R
Per: Shri Balraj Joshi, Hon’ble Member (Technical)
1) This Company Petition has been filed by one of the shareholders of
the company 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,
Kolkata. It is stated that the name of the Company was struck off on
03.02.2022.
2) It is contended that the Company had not filed the Annual Returns of
the Company for the financial year ended 2017-2018, 2018-2019,
2019-2020 & 2020-2021 due to inadvertent mistake and it will be
unfair to 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) Notice was 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. 151/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 would be 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. 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.
151/KB/2022”.
NCLT, KOLKATA BENCH-(Court-I)
KOLKATA
C.P. No. 151/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 of the
receipt of this order.
e) On such delivery and
