DUSHYANT CHATURVEDI Vs. REGISTRAR OF COMPANIES, MUMBAI

JUDGEMENT

(1.) This company petition is filed by Mr. Dushyant Chaturvedi, Shareholder of Prowess Financial Services Pvt. Ltd. primarily seeking relief against the respondent to restore the name of the company in the register of companies maintained by the Registrar of Companies, Mumbai.

(2.) The Petitioner submits that the Respondent on 07.07.2017 uploaded the order in Form STK 7 striking off the name of the company and also ordered dissolution of the company, without serving any notice upon the company or its directors prior to passing of such order under Section 248 of the Companies Act, 2013. The Petition further reveals that the Respondent passed the above said order on the ground that the Company is not carrying on any business or operations during the relevant period. However, the Petitioner submits that the company was carrying on business and also filed Income Tax Returns with Income Tax Authorities. The Petitioner submits that the company defaulted in filing financial statements and annual returns for the years ended on 31.3.2014, 31.3.2015 and 31.3.2016.

(3.) The Petitioner has enclosed the evidence showing that the company has paid Income tax of Rs.11,35,786/- in the Financial Year 2015-16 and the copy of the Income Tax Return for the Financial Year 2016-17. The Company has also enclosed the Bank Account Statement of Account No.50057582365 of Allahabad Bank, Hingna Road, Dist Nagpur for the period from 1.4.2017 to 6.11.2017. The Company has also enclosed the audited accounts for the year ended 31.3.2017.