2022 (5) TMI 1211

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....ar of Companies, NER, Guwahati, Assam [The ROC for short]. The company was struck off on 13.09.2018. 2. Being aggrieved with impugned action, the appellant, as being Director of the above company, has prayed for THE following reliefs: a) To restore the name of the Applicant Company on the Register maintained by the Registrar of the Companies as if its name had not been struck off from the rolls of the Register. b) To activate the DIN of the Directors of the Applicant Company. 3. The brief facts of the case raising to the present appeal are stated as under : 3.1 BIH Technologies Private Limited, was incorporated under the Companies Act, 1956 on 1st October, 2012 vide CIN: U72200TR2012PTC008366, as a Private Company....

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....ocuments, as per the applicable provisions of the relevant Acts 5. The Accounts of the Applicant Company were prepared & audited and that the Company failed to do the statutory fillings under the Companies Act, 2013. Inadvertently the required documents could not be filed with the ROC. 6. The non-filing is neither willful nor intentional. It is due to lack of professional expertise with the Applicant Company. The Applicant Company realized the non-compliance of non-filing of returns and other documents with the Respondent only after receiving the notice in Form STK-5 from the Respondent under Section 248(4). 7. The Applicant Company was in the process of filing requisite Annual Returns and documents after receiving the notice under....

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.... and export. On line and offline computer software and hardware sales and services, computer producers, Distributors, exhibitors, financiers, Importers & exporters of IT technology. 12. The ROC, Guwahati in response to the present appeal has filed its representation affidavit dated 16.02.2022 justifying its action and has contended that the company has not filed any financial statements since 31.03.2013. The appellants are also directors in the struck off company and disqualified under section 164(2) of the Companies Act, 2013 for the period from 01.11.2016 to 31.10.2021. ROC, Guwahati further prayed this Hon'ble Bench to pass order/s: i. The Petition may please be allowed on being satisfied that the Company was in operation at ....

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....ecords, BIH Technologies Private Limited is the company that has not filed its statutory return since 31.03.2013. ORDER 16. We consider the merits of the present appeal and documents annexed therewith. The petitioner has contended in the present petition that the company has been active since its incorporation. The failure on the part of the company to file the annual returns and financial statement was unintentional and not deliberate. However, due to such reason the ROC, Guwahati Struck off the name of the Company. 17. We heard the Ld. Counsel for the petitioner and considering the above stated aspects of the present appeal by perusing the material and submissions of the Appellant and the Respondent made available on record, we a....