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TMI Blog2024 (7) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... the Suit as infructuous - Section 248 read with Section 250 of the Companies Act, 2013 and Order XXII Rule 8 CPC - HELD THAT:- At present, the Company has been made active to enable the filing of annual returns - the conditions imposed by the NCLAT stand complied with. At this stage, it cannot be said that the Company is dead and the Suit stand abated - application is without merit and is hereby dismissed. - HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA For the Petitioner : Mr. Adarsh Tripathi Mr. Aiitesh Gars, Advs For the Defendants : Mr. Rajesh Ranjan, Mr. Attin Shankar Rastogi Mr. Neeraj Matta, Advs. for D-1 D-3 to 7 Mr. Praveen Bhati, Adv. for D-2 Mr. Anurag Ahluwalia, CGSC for D-4 JUDGMENT I.A.3616/2023(under Order XXII Rule 4 CPC) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ata of the plaintiff available at the MCA website, evidences that it has not prepared and filed its annual Accounts since the year 2007. Non-preparing, non-finalizing and non-filing of the mandatory annual Accounts of the Plaintiff for the last 16 years, is suggestive of the fact that the plaintiff has not been carrying on any business or operations in terms of sub-section (2) of Section 248 of the Companies Act, 2013. 9. The Notice under Section 248(5) dated 08.08.2018 was issued by Ministry of Corporate Affairs through the Registrar of Companies (NCT of Delhi and Haryana) for striking off the name of the plaintiff Company and dissolving it accordingly. The Directors of the Plaintiff Company Mr. Saurabh Kapoor and Mr. Divij Mehra filed an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions because of which its name was struck off from the records of Registrar of Companies. 12. The plaintiff has failed to file its Balance Sheet from 08.01.2023 and therefore, the condition imposed by the NCLAT has not been satisfied. 13. It is further submitted that temporary restoration of the name of Plaintiff Company on the portal of Registrar of Corporate Affairs to enable the Statutory annual findings of the Company, is only a technical part of the final restoration envisaged under Section 252 of the Companies Act. The restoration process would be complete only on the issuance of fresh Certificate of Incorporation. 14. The search of public documents against the name of the Corporate Identification Number of the Plaintiff Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Company s name, all the Annual Returns of the previous years have been prepared and because of their voluminous nature, permission is being sought from the ROC to file them in offline mode. the TDS has also been deposited as per the past pending demand, on the Income Tax portal. 20. Reliance has been placed on Indian Explosives ltd. V. Registrar of Companies 2010 SCC OnLine Del 1613, Umedbhai Jhaverbhai v. Moreshwar Keshav Ors .AIR 1954 Madhava Bharat 146 and Ramesh Kumar Chitlangia Ors. v. Registrar of Companies 2020 SCC OnLine NCLAT 895 to its support that the company is Active and it has been relied on the Master Data of the ROC. It is therefore submitted that the application is without merit and is liable to be rejected. 21 . Subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght from the Registrar of Companies to file it offline. 25. Learned counsel appearing on behalf of the plaintiff further clarified during the course of arguments, that all the TDS amount has been deposited and also the online filing of the Annual Income Tax Returns is also being effected. In so far as the past Annual Returns are concerned, the same are also in the process of being filed. It is also submitted that the requisite conditions as imposed in the Order of NCLAT have already been complied with. It has also been pointed out that the Order directing the filing of returns, is after the restoration of the Company. 26. At present, the Company has been made active to enable the filing of annual returns. 27. The conditions imposed by the N ..... X X X X Extracts X X X X X X X X Extracts X X X X
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