2020 (9) TMI 472

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....( Judicial ) The present petition in Form NCLT No.9 is filed by the petitioners in the capacity of shareholders and promoters of BNA Chits Private Limited (hereinafter referred to as the 'company') under Section 252(1) of the Companies Act, 2013 (hereinafter referred to as the 'Act') seeking restoration of the name of the Company in the Register of Companies. The master data of the Company is at Page 5 of the Petition. The CIN of the Company is U99999HR2001PTC034616. As per the master data of the company, the company was incorporated on 16.02.2001. The registered address of the company is at House No.577, Laxman Vihar Phase II, District Gurgaon, Haryana and therefore, the matter lies within the territorial jurisdiction of this Tribunal. ....

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....nightly, monthly, bimonthly, quarterly or at any other interval and to organise, manage, supervise and control chit fund schemes, subject to the provisions of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and any other law, which may, from time to time, apply to the above business." 4. It is stated in the petition that the Registrar of Companies, NCT of Delhi and Haryana, (hereinafter referred to as the 'ROC') struck off the name of the Company from the Register of Companies due to defaults in statutory compliances, namely, failure to file financial statements and annual returns for the financial year 2010-11, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16 & 2016-17. The name of the company is stated to be struck off fro....

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....e Company had not filed the financial statements since financial year ended on 31.03.2011, due to which the ROC had reasonable cause to believe that the Company was inactive and in terms of provisions of Section 248(5) of the Act, read with Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, the name of the Company was struck off from the Register of Companies and Gazette Notification in terms of Section 248(5) of the Companies Act, 2013 was published notifying the names of companies which were struck off. A copy of Gazette of India Notification 08.07.2017 is at Annexure II of the ROC report and the name of the company is appearing at Sr. No.3178. It has been prayed that the Company may be dir....

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.... creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and a....

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....t certificates, are also found attached in the name of the company with the petition as Annexure 9 and Form 26AS for financial year 2015-16, 2016-17 & 2017-18 are marked as Annexure 10 of the petition. 18. In view of the above discussion, it is observed that the company was also engaged in the business transactions as seen from the bank statement and has fixed deposits in its name (Annexure 9) at the time when its name was struck off from the Register of Companies and therefore, the name of the company deserves to be restored in the Register of Companies, maintained by the ROC. 19. It is therefore, held that the ingredients provided for in Section 252(3) of the Act, are satisfied. 20. In view of the above, the petition is allowed a....