1. This Company Petition has been filed by Appellant – ENA Technologies Private Limited, CIN: U72300JK2013PTC003863; through its director, Mr. Aabiaz Ahmad Dar, under Section 252(1) of the Companies Act, 2013 for restoration of the name of the struck off the company in the Register of Companies, maintained in the office of the Registrar of Companies, Jammu & Kashmir. It is stated that the name of the company was struck off on 30.06.2017. Copy of notice of strike-off i.e. STK-7 is attached with the petition as Annexure A-5. Copy of Master Data of the company is attached with the petition as Annexure A-4.

2. It is averred that the company has not submitted the Financial Statements and Annual Returns before the Registrar of Companies for the years 2013-14, 2014-15 & 2015-16.

3. It is submitted that the petitioner company, with its registered office in Jammu & Kashmir, had appointed a Company Secretary for filling of its returns with the office of Registrar of Companies, Jammu & Kashmir. The said company secretary has violated the trust of the company and its directors/promoters and misled the company and failed to comply with such procedural requirements and it will be unfair to the company and its creditors if the name of the company is struck off. Hence, the petitioner prayed for passing of an order for restoration of the name of the Appellant Company.

4. Notices were issued to the Registrar of Companies, Jammu & Kashmir and Income Tax Department vide order dated 11.12.2020 of this Tribunal. As per order dated 18.04.2022 of this Tribunal despite intimating the next date of hearing to the Registrar of Companies, Jammu & Kashmir, none has appeared on behalf of the Registrar of Companies, Jammu & Kashmir. In these circumstances, it is presumed that nothing is adverse against the petitioner company.

5. It has been stated by the Income Tax Department in its report filed vide Diary No.01298/01 dated 22.03.2021 through Rakesh Kumar Meena, Income Tax Officer, Ward-1, Srinagar that the company has filed the Return(s) of Income for the Assessment Year(s) 2015-16 to 2019-20 under Section 139(1) & 139(4) of the Income Tax Act, 1961. Further as of now, a demand of Rs.18,220/- for the Assessment Year 2017-18 and Rs.3,080/- for the Assessment Year 2019- 20 is outstanding against the Company, however, no proceedings are pending. Pursuant to that, as per order dated 30.03.2022, compliance affidavit has been filed vide Diary No. 012984/4 dated 12.04.2022 in which the counsel for the petitioner submitted that both the demands have already been met and at present no demand is outstanding and direct tax challan report for the Assessment Year 2017-18 and 2019-20 which clearly shows that the company has paid the outstanding demand is annexed as Annexure A-1 of the said affidavit.

6. Further, it is stated that the company is neither a shell company nor any illegal transaction has taken place in the company. To show that at the time of striking off the name of the company, the company was carrying on business or was in operation, it has been stated that the appellant company is engaged in its business affairs and presently operating from its offices located in Srinagar, New Delhi and Gurugram, Haryana. The rental agreements are annexed as Annexure A-9 of the petition. The charges paid by appellant company for rental space, electricity charges, laptop/desktop facilities etc. for its employees for the purpose of providing its services from Delhi and Gurugram offices are annexed as Annexure A-10 of the petition. It is submitted that the company is registered with Ministry of Communication and IT for setting up of OSP (Other Service Provider) centre in Srinagar, Jammu and Kashmir in year 2014 for the purpose of providing, applications services that entail IT enabled services. The copy of registration certificate by concerned Ministry and confirmation letter for use of Bandwidth by IKF Technologies Ltd. is annexed as Annexure A-11 of the petitioner.

7. After hearing and considering the submissions of the learned counsel on behalf of the petitioner and on a perusal of the report of Registrar of Companies, the audited accounts submitted by the petitioner company, and other documents placed on record, this Bench is of the considered view and holds that it would be just, equitable and fair in the interest of justice to provide an opportunity to the company to rectify its defaults and continue the business.

8. Accordingly, in exercise of the powers conferred on the Tribunal under Section 252 of the Companies Act, 2013, the petition is allowed on the following terms:-

a. The Registrar of Companies the respondent herein, is directed to restore the original status of the Petitioner company as if the name of the company had not been struck off from the Register of Companies with the resultant and consequential actions like changing status of petitioner company from ‘struck off’ to ‘active’.

b. The Petitioner company is directed to file all pending statutory documents including annual accounts and annual returns along with prescribed fees/additional fee/fine as decided by Registrar of Companies, within 45 days from the date on which its name is restored on the Register of Companies maintained by the Registrar of Companies, Jammu & Kashmir.

c. The petitioner is directed to deliver a certified copy of this order to the Registrar of Companies, within thirty days of the receipt of this order.

d. On such delivery and after due compliance with the above directions, the Registrar of Companies is directed to publish the order in the official gazette under his office, name and seal.

e. This order is confined to the violations, which ultimately led to the impugned action of striking off the name of the company, and it will not come in the way of Registrar of Companies, to take appropriate action in accordance with law, for any other violation/offences, if any committed by the Petitioner Company prior to or during the period when the name of the company remained struck off.

f. The Income Tax Department may take the necessary action as per law for non-filing or belated filing of the Income Tax Returns of the Company for any of the assessment years and also for recovery of outstanding demand, if any.

g. This order will be subject to payment of costs of Rs. 30,000/- (Rupees Thirty Thousand Only) to be paid in favour of “Pay and Accounts Officer, Ministry of Corporate Affairs” within three weeks from the receipt of the duly certified copy of this order.

9. The Company Appeal No. 13/CHD/J&K/2020 is disposed of accordingly.

10. The Registry is directed to send e-mail copies of the order forthwith to all the parties including the counsel.

11. The registry is directed to issue a certified copy of this order to the concerned parties.