TaxTMI 
TaxTMI 
2022 (5) TMI 583
X X X X Extracts X X X X
X X X X Extracts X X X X
....ore the name of The Company in the register with immediate effect in terms of the Section 252 (3) of the Companies Act, 2013. c) To pass order in terms of Section 252 (3) of the Companies Act, 2013 that is just and appropriate placing the Company and all other persons in the same position as nearly as may be as if the name of the Company has not been struck off. d) To pass other and further orders as this may deem fit and proper in the facts and circumstances of the case. 3. The brief facts of the case raising to the present appeal are stated as under: 3.1 Well Will Infrastructures Private Limited was incorporated under the Companies Act, 1956 on 04.02.2010 CIN: 45203AS2010PTC009687 having its registered office situated at House No. 12, 3rd Bylane Nabagraha Road Silpukhuri, Guwahati, Kamrup, Assam-781003. 3.2 The petitioner Company at present was managed by the following: DIN/PAN Full name Designation 02302589 Umesh Chandra Boro Director 02848769 Kandarpa Boro Director 3.3 The Company was incorporated with the main object to carry on business as mentioned in the Memorandum of Association of the company. The principal and othe....
X X X X Extracts X X X X
X X X X Extracts X X X X
....egister maintained by the ROC under section 248 of the Companies Act, 2013 on the ground of non-filing of financial statements and annual return for the financial year since FY 2014-2015. The Notice of Registrar of Companies dated 23.07.2018 published in the MCA Website and master date evidencing the struck off the name of the company has been annexed. 4. The ROC, Guwahati in response to the present Petitioner has filed its representation affidavit dated 16.02.2022 justifying its action and has contended that the company has not filed its statutory return since FY 2014-2015 and that the Company was struck off on 23.07.2018. The ROC has made the following submissions that: 4.1 The Application under section 252(3) of the Companies Act, 2013 filed by Umesh Chandra Boro claims to be Ex-Director & Shareholder of M/s. Well Will Infrastructure Private Limited. As per the available records of this office, the company has not filed any financial statements since FY 2014-2015. The Petitioner is also director of the struck off company and disqualified due to non-filing of DIR-3 KYC. 4.2 In exercise of the power conferred upon the Registrar of Companies under Section 248 of the Compan....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tice (in STK No. 7) dated 13.09.2018 was issued by the Registrar of Companies, Guwahati reflecting the name of the company as strike off w.e.f 13.09.2018. The petitioner company's name is appeared at Sl. No 105 of the Registrar of Companies notice (STK-7) dated 13.09.2018 and the same was published in the Official Gazette. 4.7 The directors of the company namely Umesh Chandra Boro has been disqualified as director under the provision of Section 164(2) of the Companies Act, 2013 and the DIN of the directors have been disqualified due to non-filing of DIR-3 KYC. It is submitted that activation of the company does not entitle the right of activation of DIN of the disqualified directors. 4.8 In the matter of disqualification of directors, the Hon'ble High Court at Bombay passed an order dated 22.03.2018 in various Writ Petitions and quashed the operation of the impugned list of disqualification of directors published by ROC, Maharashtra, Mumbai. Aggrieved by the aforesaid order, ROC, Mumbai has filed SLP (c) No. 18693 to 18703/2018 before the Hon'ble Supreme Court. In the aforesaid SLP, the Hon'ble Supreme Court vide order dated 06.08.2018 stayed the operation of the order passed....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... by perusing the materials made available on record along with the report of the ROC, we are of the considered view that it would be just and equitable to revive the name of the company Well Will Infrastructures Private Limited in the statutory register as being maintained by the Registrar of Companies, Guwahati. 10. In exercise of the powers conferred on the Tribunal under section 252(3) of the Companies Act, 2013, the present Petition is partly and conditionally allowed with directions and subject to the compliance of following conditions: 10.1 The Registrar of Companies, North East Region, Assam, 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'; 10.2 The petitioner company is directed to file all pending statutory documents(s) including Annual Accounts and Annual returns from the Financial Year 2015-16 and onwards, make all legal compliances prescribed under the Companies Act, 2013 immediately after restoration of the name of th....