2022 (12) TMI 919

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.... Bijay Singh; The present Appeal under Section 421 of the Companies Act, 2013, has been filed by the Appellant being aggrieved and dissatisfied by the order dated 28.12.2020 passed by the National Company Law Tribunal (Cuttack Bench, Cuttack) in CP(Appeal) No.150/CTB/2020 whereby and whereunder appeal filed by the Appellant Company for restoration of the name of the Appellant Company in the Register maintained by the Registrar of Companies (RoC), Chhattisgarh was dismissed by the Tribunal. 2. The facts giving rise to this Appeal are as follows: i) The Appellant is a Shareholder/Director of a Private Limited Company, i.e. Ojus Buildcons Private Limited (hereinafter referred to as 'Company') which is Limited by Shares having it....

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.... the Registrar of Companies. However, the non-filing was neither wilful nor intentional. Since the Company is located in a remote area of Bastar region of Chhattisgarh, therefore, due to lack of professional guidance/help available to the Appellant Company in the initial years of its incorporation it had escaped the filing of returns with the concerned Registrar of Companies. iv) The Appellant being a Shareholder / Director of a Company which is carrying the agriculture and real estate businesses, it is matter of fact that the turnover and profits/losses depends on the sales taken place in the relevant financial year. The Company has taken loans and invested the same in the agricultural lands for furtherance of the Business. As suc....

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....schemes. It is further submitted that the business income of the Director, Shareholders, Employees and other People attached to the company either directly or indirectly would be adversely affected. The Appellant has filed the copies of sale deeds executed in favour of the Appellant Company which are Annexure A-2 (Colly) at page 34 to 180 of the Appeal Paper Book. It is further submitted that the Appellant Company is ready to abide by all the conditions as imposed by this Tribunal and also willing to pay the penalties as imposed by this Tribunal and undertake to be more vigilant and careful about the annual filings of the company. 4. On the other hand, the Respondent/Registrar of Companies in his reply affidavit it is stated that the App....

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....2.07.2017. It is further stated that the instant Appeal may be decided on merit subject to filing of Balance Sheet till the year ending 31.03.2020 with additional fees as per the requirement of Companies Act, 2013. 5. After hearing the parties, going through the pleadings made on behalf of the parties and in view of the fact that the sale deeds executed in favour of the Appellant Company and Audited Balance sheet from Financial Year 2011-12 to 2018-19 of the Appellant Company shows that 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. Hence, we are of the view that the order passed by the National Company....