Gouri Bio Dairy & Milk Products Private ... vs The Registrar Of Companies, Jharkhand & ...

IN THE MATTER OF: Gouri Bio Diary & Milk Pvt. Ltd. ...Appellant Through its shareholder Sanjay Soni Versus

Registrar of Companies, Jharkhand & Anr. ...Respondents Present:

For Appellant : Mr. Rajeev Aggarwal, Ms. Stuti Vatsa, Advocates. For Respondents :

ORDER

20.09.2022: The Present Appeal herein CA (AT) No. 169 of 2020 have

been preferred by the Appellant being aggrieved and dissatisfied by the order

dated 26.02.2020 passed by Adjudicating Authority (National Company Law

Tribunal, Kolkata Bench, Kolkata) in CP No. 1913/KB/2019 whereby and

where under the Adjudicating Authority had dismissed the Appeal filed by the

Appellant on the ground that the Company has not shown any revenue

generation, or any business/commercial activities all through. In view of the

aforesaid the prayer of the Appellant to restore the name of the company in the

Register of Companies maintained by the ROC, Jharkhand cannot be granted

and the Appeal was dismissed with no order as to costs.

This Appeal was filed on 28.09.2020 and on 17.11.2020 notices were

issued to sole respondent. The case was adjourned from time to time and the

Respondent, ROC, Jharkhand & Anr. has filed Reply Affidavit on 02.03.2022. -2-

The Appellant Company is a Pvt. Ltd. Company incorporated under the

Companies Act, 1956 with the name Gauri Ferro Alloys and Steel Pvt. Ltd.,

further with effect from dated 29th day of September 2015 the name of the

Appellant Company was changed to Gouri Bio Dairy & Milk Products Pvt. Ltd.

The Company is having its Registered Office at Old Loadih, Namkum, Ranchi

Jharkhand 834010 IN.

The authorized share capital of the Company is Rs. 25,00,000/- divided

into 2,50,000 Equity Shares of Rs. 10/- each. The paid-up share capital of the

Company is Rs. 25,00,000/- divided into 2,50,000 Equity Shares of Rs. 10/-

each.

The Respondent had struck off the name of the Appellant Company from

the register as maintained in its office due to non-filing of financial statements

and annual return for the period 2014-15, 2015-16, 2016-17. However, it is

submitted that neither the Company nor any of its directors received any

notices from the Registrar of Companies, Jharkhand regarding the striking off

the name of the Company as mandated and prescribed vide Section 248 of the

Act.

Thereafter, the Appellant have preferred CP no. 1913/KB/2019 before

NCLT, Kolkata Bench, Kolkata which said under the order dated 26.02.2020

dismissed the Appeal. Hence, the present Appeal have been filed.

Company Appeal (AT) No. 169 of 2020 -3-

The Appellant in their Reply filed before this Tribunal has categorically

stated an affidavit that they have no objection if the company is restored after

imposition of Cost of Rs. 1,00,000/- as revival cost.

In view of the fair stand taken by the Respondents we allow this Appeal.

Set aside the impugned order passed by the NCLT dated 26.02.2020 in CP No.

1913/KB/2019 and direct the Respondents to restore the name of the

Company of the Appellant and include in the list of the Company maintained

by ROC Jharkhand subject to deposition of Cost of Rs. 1,00,000/- by the

Appellant in Prime Minister's Relief Fund within four weeks from passing of

this order. The Appellant is also directed to file the receipt of showing the

deposition of the aforesaid amount before the Respondent/ROC. Copy of the

order be uploaded on the website and send the copies of the order to the

respective parties.

[Justice Anant Bijay Singh] Member (Judicial)

[Ms. Shreesha Merla] Member (Technical)

sr/kam

Company Appeal (AT) No. 169 of 2020