M.K. Shrawat, Judicial Member: This present petition/application has been filed under Section 252 of the Companies Act, 2013 (hereinafter asAct) by Mr. Parag Ved in the Capacity of the Director of the Company viz. M/s. Evaluworks Consulting Private Limited (hereinafter asCompany) praying for restoring Companys name in the Register maintained by the Registrar of Companies, Mumbai (hereinafter asRoC).

2.The Petitioner Company was incorporated with the RoC, Mumbai on 11thNovember, 2011 having CIN : U74140MH2011PTC223802.

3.The Company is engaged mainly in the business to carry out Corporate Management related evaluation, advisory and other allied services relating to Human Resources.

4.The name of the Company was struck off from the Register on account of the reasons that, the Company is not carrying on any business and that there was no business operation for a period of last two financial years and have not made any application within such period for obtaining the status of Donnant Company under S. 455 of the. Hence, the RoC has published a public notice for Striking off and Dissolution of Company i.e. STIC - 7 dated 10thJuly, 2017.

Submissions from the Petitioners:

5.The Learned Advocate for the Company submits that, the Petitioner Company is a running Company and has assets as well as corresponding liabilities including the statutory dues. Further, the Company has not made any application for obtaining the status of Donnant Company under S. 455 of the. Further that, the Petitioner Company had never in the past, on its own, moved any application for Strike-off under S. 248 (2) of the Companies Act, 2013.

6.It is further submitted that, the Company accepts that, inadvertently the Company could not file the required documents with the RoC. Further, the non-filing is neither wilful nor intentional. It is due to lack of professional expertise with the Petitioner Company hence, it couldnt comply with the Statutory requirements with the RoC

7.The Learned Advocate for the Company further submitted that, the Petitioner Company now has all the remaining documents ready and prepared and is willing to file the same before the RoC. if so permitted. Further the Petitioner Company is willing to file any other necessary document which are required by the RoC.

Submissions from the Respondent/RoC:

8.The RoC has forwarded its report dated 11.01.2018 inter alia stating therein that, the RoC has issued the notice in Form STK 1 to the Petitioner Company on the ground that, the Company is not carrying on any business and that there was no business operation for a period of last two financial years and have not made any application within such period for obtaining the status of Dormant Company under S. 455 of the. But there is no reply to the said notice from the side of the Petitioner Company. And consequentially the RoC has issued public notice i.e. STK - 7 dated 10.07.2017 intimating that the name of Company is been struck-off from the Register of RoC.

9.It is also submitted that, the Company has not filed the Annual Returns and Balance Sheets with the RoC for the F. Y. 2014-2015 and 2015-2016. And as the Statutory Returns were not filed for the said period, the RoC came to conclusion that, the Petitioner Company has ceased to its business. And consequentially the name has been struck-off from the Register of RoC.

10.However, it is further submitted in the said report that the RoC has no objection to restore the name of the Company, if the Petitioner Company is willing to comply with the provisions of the. subject to imposition of Cost.

Findings:

11.That, the facts and circumstances of the case have enlightened that the relevant documents which are to be filed, are ready with the Company and the Company is willing to file the same, if so permitted. Further that, the accounts of the Company were audited and the audited accounts have been approved within prescribed time. Further that, it is not a case that the Company is not actively engage in the business or not stopped business activities; as apprehended by the Learned RoC. The ground for strike-off i.e. no business operations for a period of last two financial years is not correct.

12.Moreover, the Company has Revenue Generation of Rs. 1,84,39,389/- as per the Balance Sheet as on 31.03.2017, which evidences that Company is a running Company.

13.That, the Company has not deposited heavy cash in its Bank Account during the period of Demonetisation i.e. from 8thNovember, 2016 to 31StDecember, 2016, instead of regular trade deposits, as noticed from the annexed Affidavit along with this Petition/Application.

14.Hence, upon considering the facts and circumstances of this present petitioa application, this Bench is of the view that, it would be just and proper to order restoration of the name of the Petitioner Company in the Register of Companies maintained by the RoC.

15.Accordingly, this Petition Application is allowed. The restoration of the Petitioner Companys name to the Register of Companies maintained by the RoC Mumbai. is hereby ordered, with a direction that the Company shall comply with the Provisions of the. And further it will be subject to payment of costs of Rs. 15,000/- to be paid by way of Demand Draft in favour of Pay and Accounts Officer. Ministry of Corporate Affairs, Mumbai. within 7 days from the receipt of the duly certified copy of this Order, to this office. Consequentially thereupon the Bank Account/s if freezed shall get defreezed and to be operated by the Petitioner Company.

16.This Petition bearing No. 698/252/NCLT/MB/2017 is, therefore, disposed of on the terms directed above. The Learned RoC shall give effect of this Order only after perusal of the Compliance report of cost imposed. The Company is directed to file all the required documents and shall fulfil other relevant statutory compliances within 30 days from Restoration of its name in the Register of Companies maintained by RoC.

17.Ordered accordingly. To be consigned to Records.