2020 (11) TMI 248

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....me of RRA Developers Private Limited struck off by the Registrar of Companies, Uttar Pradesh U/s 248 of the Companies Act, 2013 read with Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, from the Register of Companies maintained by the Registrar of Companies, Uttar Pradesh. 2. Facts of the appeal are stated as under: i. The Appellant Company RRA Developers Private Limited was originally incorporated on 23.03.2006 with the Registrar of Companies, Uttar Pradesh having CIN U45201UP2006PTC031512. ii. The Appellant Company is involved in business of purchase, acquire, taken on lease, in alike nature of wok since its incorporation. The same is mentioned in the Memorandum of Association of ....

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....rom the systems. In the meanwhile. Company has filed form SH-7 to increase its authorized share capital from Rs. 2,50,000/- to Rs. 10,00,000/- on 02.06.2017 vide SRN No. G45150182 with additional fees of Rs. 4,46,136/- which was marked for resubmission for attachment of MOA and filing of pending Annual Return and Balance sheets. MOA was attached but Annual returns and Balance sheet could not be filed without approval of Form SH-7. Appellant communicated the same to RoC through mail and speed post and in the meanwhile it was found out that the Company was struck off. Afterwards, the Appellant received mail on 05.07.2017 from RoC, intimating that Form SH-7 has been treated as invalid and transaction has been cancelled by RoC as the Company&#3....

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....lents amounting to Rs. 13,499.931- in account as per balance sheet of the financial year ending on 31.03.2010. And also filed the Income Tax returns for assessment years 2011-12, 2016-17 & 2017-18. As per the above details, the Appellant Company is having substantial movable as well as immovable assets. Therefore, it cannot be said that the Appellant Company is not carrying on any business or operations. 6. It is averred by the Appellant Company, that, in the event of revival of the Company and restoration of the name of the Company in the Register maintained by the Registrar of Companies, the Appellant shall file all the outstanding statutory documents i.e. the Financial statements and Annual returns up to date and shall continue to do ....

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.... restoration of its name in the Register of Companies. A step as stringent as what has been taken at least requires an opportunity to the appellant to take remedial measures. Merely to disallow restoration on grounds of its failure to file annual returns would neither be just nor equitable. As per several decisions of various courts it should only be an exceptional circumstance that court should refuse restoration where the company has been struck off for its failure to file annual return as that would be excessive or inappropriate penalty for that oversight. 11. Accordingly, the Registrar of Companies, the Respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the Company has not been str....