Back
IN THE NATIONAL COMPANY LAW TRIBUNAL
KOLKATA BENCH-(Court-I)
KOLKATA
CP No. 201/KB/2022
An application under Section 252(3) of the Companies Act, 2013
In the matter of:
Sunrise Commotrade Private Limited, (CIN: U51909WB2006PTC111391).
…… Struck Off
Benu Banerjee, working for gain at 50, Lake Temple Road, Sarat Bose Road,
Kolkata – 700029.
……...../Petitioner
-versus-
THE REGISTRAR OF COMPANIES, KOLKATA, having its office at Nizam
Palace, 2nd M.S.O. building, 2nd Floor, 234/4, Acharya Jagdish Chandra Bose
Road, Kolkata 700 020
.....Respondent
Date of Hearing: 02/08/2022
Date of Pronouncement: 01/09/2022
CORAM:
Shri Rohit Kapoor, Member (Judicial)
Shri Balraj Joshi, Member (Technical)
NCLT, KOLKATA BENCH-(Court-I)
KOLKATA
CP No. 201/KB/2022
Page 2 of 4
For the Petitioners:
1. Mr. Shashi Agarwal, FCA
O R D E R
Per: Shri Balraj Joshi, Hon’ble Member (Technical)
1. This Company Petition has been filed by one of the shareholder of
Sunrise Commotrade 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 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 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 its report to the
Registry. It was stated in the report that only after compliance of
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.
4. Registrar of Companies, West Bengal has not objected to this
application for restoration of the name of the Company.
NCLT, KOLKATA BENCH-(Court-I)
KOLKATA
CP No. 201/KB/2022
Page 3 of 4
5. On perusal of documents, we feel that it is just and equitable that the
name of the Company should be restored 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 the 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.
201/KB/2022.”
d) The petitioner is directed to deliver a certified copy of the order
with Registrar of Companies, West Bengal within thirty days of
the receipt of this order.
NCLT, KOLKATA BENCH-(Court-I)
KOLKATA
CP No. 201/KB/2022
Page 4 of 4
e) On such delivery and after due complian
