K. Anantha Padmanabha Swamy, Member (J)

1. This is a Company Application No. 106/252/HDB/2019 filed Under Section 252 of the Companies Act, 2013, (hereinafter called as the) filed by Mr. Ankella Arvind Reddy, Shareholder of the Company "M/s ARAVIND INFRATECH (HYD) PRIVATE LIMITED" (herein called as Company) seeking a direction to the Registrar of Companies, Hyderabad (the RoC) to restore the Company in the Register of Companies.

2. Brief averments of the Application are that the Company was incorporated on 12.10.2011, vide CIN No. U45203TG2011PTC076927) under the Companies Act, 1956 in the erstwhile State of Andhra Pradesh.

3. The Authorised Share Capital of the Company is Rs. 1,00,000/- (Rupees One Lakh only) divided into 10,000 (Ten Thousand Only) Equity Shares of Rs. 10/- (Rupees Ten Only) each. The Paid up Capital is presently Rs. 1,00,000/-(Rupees One Lakh Only). The main objects of the Company are specified in the Memorandum of Association (in short MOA).

4. It is stated by the Applicant that the Company has failed to file the Annual Returns as well as Financial Statements for more than two years i.e., w.e.f. the Financial Year 2012 and the reason for the delay was due to lack of professional guidance and it is inadvertent. It is further stated that the Company is in continuous operatins since incorporation, and is presently a contractor undertaking various infrastructure works for the State f Telangana. The Company is presently constructing OSHRS (Overhaul Service Reservoirs) in Mahbubnagar and Vikarabad districts in the State of Telangana. It had executed and completed similar works earlier well as part of the Govt. of Telanganas Mission Kakatiya, where the Company had undertaken restoration of various local irrigation reservoirs.

5. As an evidence the Applicant has submitted supporting documents viz., (i) Copies of Annual Reports & Audited Accounts of the Company from 2012 till date; (ii) Copies of Bank Statement showing continuous transactions for the years 2016017 till 2018; (iii) Copies of IT Returns filed with IT Department for the Financial Years 2014-15 to 2017-18; (iv) Copies of Agreements executed with the Government of Telangana for execution of various infrastructure projects, (v) Copies of Bank Statements for the years 2016-18 etc., praying for a direction to RoC for restoring the name of Company in the Register of Companies, maintained by the Registrar of Companies, Hyderabad.

6. Applicant has submitted an Affidavit stating that the Company neither credited nor debited amounts from the Bank account of the Company during the period of demonetisation i.e., from 08.11.2016 to 31.12.2016, other than those amounts as utilised for the usual conduct of business of the Company.

7. The Directors of the Company now decided to gear up the operations of the Company by seeking restoration of the name of the Company and the Applicant undertook to file the outstanding statutory returns, and prayed for an opportunity for its restoration.

8. It is submitted that Respondent (RoC) has therefore initiated action under Section 248 of the Companies Act, 2013 (hereinafter referred to as the) for striking off the name of the Company from the Register of Companies and consequently the name of the company was struck off from the Register of Companies vide Order No. ROC/(H)/248(5)/STK-7/2017 dated 21.07.2017 and was published in the Gazette of India on 27.05.2017 & 03.06.2017 (S.No. 14417). The Company is still carrying on its business and its activities and therefore the present application is filed for restoration of the name of the Company in the Register of Companies.

9. The ROC, Hyderabad, who is respondent herein, has filed Counter Affidavit on 01.05.2019 wherein the details of the Company such as date of incorporation, address of the registered office and its main objects as per memorandum of association are mentioned. While submitting the above facts the ROC has stated that the the application may be considered on merits and to direct the applicant to file all pending Financial Statements and Annual Returns and pass orders imposing costs on the applicant.

10. Further it seems that the Applicant has complied with the directions of the RoC and filed memo in relation to physically Audited Balance Sheet for the F.Y. 2017-18, Shareholders details and Shareholding pattern of the Applicant, and hence the RoC in their letter dated 03.07.2019 has raised no objection for consideration of the present application for restoration of the name of the Company back to the Register of Companies U/s 252 of the Companies Act, 2013 read with rule 87(A) of the NCLT Rule 2016 and pass appropriate orders as deemed fit and proper.

11. Counsel representing the Company has stated that nonfiling of statutory returns are inadvertent but neither wilful nor wanton and the counsel undertook to file the pending returns and prayed for an Order to RoC for restoration of the name of the Company in the Register of Companies.

12. Heard. Perused pleadings and the documents filed in support of the contention of both the parties.

ORDER

1. Having satisfied with the reasons as mentioned in the Application, the Tribunal is of the opinion that it would be just and proper to order restoration of the name of the Company in the Register of Companies.

2. The Applicant shall file all the pending Financial Statements and Annual Returns with ROC as per the and Rules made thereunder.

3. Further the Applicant is directed to pay the cost of Rs.30,000/- (Rupees thirty Thousand only) to the ROC while submitting the documents. This is for the expenses to be incurred by ROC for publication in the Official Gazette and for other related expenses. Accordingly the Application is allowed.

4. The RoC is directed to restore the name of Company in the Register of Companies. The applicant is directed to place this order with RoC within 30 days from the date of receipt of this order.

5. Accordingly, the Company Application No. l06/252/HDB/ 2019 stands disposed of.