Tribunal Revives Company Name Struck Off for Non-Filing: Compliance and Revival Procedures The Tribunal allowed the appeal against the Registrar of Companies' decision to strike off the company's name for non-filing of statutory documents since ...
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Tribunal Revives Company Name Struck Off for Non-Filing: Compliance and Revival Procedures
The Tribunal allowed the appeal against the Registrar of Companies' decision to strike off the company's name for non-filing of statutory documents since 2008-2009. The judgment directed the petitioner to file arrear documents, pay specified fees within four weeks, and comply with all revival formalities. Compliance with prescribed requirements within the stipulated timeframe was emphasized for the company's revival. The decision in C.P No. 148.KB/2017 required forwarding a copy of the order to the Registrar of Companies and providing certified photocopies to the parties upon fulfilling formalities, highlighting the importance of regulatory compliance for revival.
Issues: - Appeal against striking off the name of the company - Non-filing of statutory documents since 2008-2009 - Requirement to file arrear documents and pay fees for revival
Analysis: The judgment involves an appeal under Section 252(3) of the Companies Act, 2013 against the Registrar of Companies' decision to strike off the name of a company due to non-filing of statutory documents since 2008-2009. The Registrar's report highlighted the company's non-compliance and the need for revival by filing arrear documents, including Balance Sheets and Annual Returns up to 2016, along with requisite fees. The report detailed the filing fees and additional fees payable for e-filing the pending statutory documents, totaling to Rs. 1,04,000. The Tribunal emphasized the importance of complying with formalities for revival, as indicated by the Registrar of Companies.
The Tribunal allowed the appeal and directed the petitioner to file the necessary documents, deposit the specified fees within four weeks, and comply with all formalities for revival. The judgment stressed that revival of the company is contingent upon meeting the prescribed requirements within the stipulated timeframe. The decision in C.P No. 148.KB/2017 was made, with instructions to forward a copy of the order to the Registrar of Companies. Additionally, certified photocopies of the order were to be provided to the parties upon fulfilling all requisite formalities. The judgment underscores the significance of adhering to the regulatory framework and fulfilling obligations for the company's revival, as outlined by the Registrar of Companies.
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