BHAUSAHEB DAGADU MOTE Vs. REGISTRAR OF COMPANIES, PUNE

JUDGEMENT

(1.) This company petition is filed by Mr. Bhausaheb Dagdu Mote, a Shareholder of Sri CBNS Engineering Works Pvt. Ltd. seeking relief against the respondent, to restore the name of the company in the register of companies, Pune, as if the name of the company has not been struck off, in accordance with section 252(1) of the Companies Act, 2013 and also requesting time to file pending Forms and returns to comply with the provisions of Companies Act, 1956 and Companies Act, 2013.

(2.) The Petitioner states that the Registrar of Companies, Pune initiated proceedings under section 248 of the Companies Act 2013 and published the name of the Petitioner company in Form STK-5 vide ROCP/STK/2017/7120 dated 7.4.2017. Thereafter notice under sub-section (5) of section 248 was issued under Form STK-7, Public Notice No.ROCP/STK/7/248(5) /2017/PUP/l dated 11.7.2017 wherein the name of the company was struck off from the Register of Members. The Petitioner further states that Notice of striking off has to be sent to all the Directors by Registered Post as provided under section 248{1) of the Companies Act, 2013 and the Respondent has not sent Notice to the Directors as provided under the Act.

(3.) The Petitioner states that the Company entered into an Agreement with one M/s. N.S. Precision Work Pvt. Ltd., a Lessee of land belonging to Maharashtra Industrial Development Corporation, to use the premises for the manufacturing facilities of the company, wherein a litigation was initiated by one Ms. Vijaya Vasudeva Bhatia pertaining to the sub-lease of the premises by the company. The Petitioner enclosed the case papers in Civil Suit No.483 of 2014 and file of Civil Judge Senior Division, Pune. The Petitioner submits that in view of the pendency of this Civil proceedings, the company is not in a position to continue its manufacturing activities and also not filed the financial statements and Annual Returns for the Financial years 2013-14 omvards.