9911796707
TMI Blog2022 (11) TMI 649X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred against an order dated 14.12.2020 passed by National Company Law Tribunal, (hereinafter referred to as NCLT) Kolkata Bench at Kolkata in CP No. 74/KB/2019. By the said order Ld. NCLT rejected the application filed under Section 252 (3) of the Companies Act, 2013 which was filed by the Appellant herein with a prayer to restore the Company/Appellant on the Register of Registrar of Companies West Bengal (herein after referred to as RoC). 2. The present appeal has got a checkered history. Accordingly, it is necessary to delineate certain facts. 3. The Appellant/Company was incorporated in the year 1984 under the provisions of Companies Act, 1956 with the Registrar of Companies (RoC), NCT Delhi and Haryana. However, subsequently on req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... belated stage i.e. in the year 2014, one Viswanath Agarwal, an erstwhile director of the Company filed an application under Section 560 (6) of the Companies Act, 1956 before the Calcutta High Court vide CP No. 936 of 2014 for restoration of name of the Appellant/Company with the RoC. 7. The said Company application was allowed on 13.11.2014 by Hon'ble Single Bench of the Calcutta High Court. We think it appropriate to reproduce the order of Calcutta High Court Single Judge which is at running page 118 and 119. "Let the affidavit of service and the statement showing calculation of fees and additional fees payable for e-filing of the pending statutory documents be taken on record. Perusing the said statement, it appears that a sum of Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der i.e. order dated 13.11.2014 allowing restoration of the company to the RoC was recalled. Consequently the Appellant/Companies name remain struck off and Company was having no legal existence. 10. It was not end of the matter but again an Appeal was filed before the Division Bench of the Calcutta High Court against order dated 21.07.2015 passed in CA No. 423 of 2015 whereby earlier order passed in 936 of 2014 was recalled. This Appeal i.e. A.P.O.T. No. 386 of 2015 was heard by a Division Bench of the Calcutta High Court. The Division Bench assigning detailed reason by Judgment dated 11.05.2016 dismissed the Appeal and approved the order passed in CA No. 423 of 2015. In substance the status of the Company again came to as an struck off c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon'ble Supreme Court in Petition for Special Leave to Appeal (c) No. 33287 of 2016 copy of same has been brought on record as Annexure-15 to the Memo of Appeal. 13. Mr. Abhishek Gupta, Ld. Counsel for the Appellant assailing the impugned order tried to persuade the court that the earlier order passed by Ld. Single Judge of the Calcutta High Court in CP No. 936 of 2014 was primarily interfered with by another order on the ground that the Petition for revival/restoration of the Company was not filed by competent person particularly shareholder etc. However, the application i.e. CP No. 74/KB/2018 was filed by one of the shareholder who was competent to trigger the Petition for restoration of the Company on Register of RoC under the provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to cure the defect enabling the Registrar to pass an order for withdrawal of the notice. On the contrary after waiting for long time finally on 28.11.2011 exercising power under sub Section (5) of Section 560 of the Companies Act, 1956 the Appellant/Companies name was struck off and the Company was directed to be dissolved. 17. Even before passing of this order it is a stand of the Appellant itself that much earlier under the simplified exit scheme, 2005 the Appellant/Company had prayed for approval of the RoC, West Bengal for striking off the name of the Company. In any event the name of the company was finally struck off on 28.11.2011 and thereafter there is no material on record to suggest that what was the reason for sitting tight over ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
