AARINI BUILDERS PVT LTD Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This company petition is filed by the Petitioner, seeking relief against the respondent to restore the name of the company in the Reg.ster of Companies maintained by the Registrar of Companies, Pune

(2.) The grievance of the Petitioner is that the company was struck off under section 248 of the Companies Act, 2013 due to non-filing of Financial Statements & Annual Return for the Financial Year 2015-16 wherein the Respondent side filed a detailed report explaining the reasons for striking off of the company under section 248 of the Companies Act, 2013. It is an admitted fact that the company has not filed its Annual Returns and Financial Statements for the Financial Year 2015-16.

(3.) The Petitioner says that the company is a going concern and is engaged in the business of Builders, Promoters, developers/ engineers and civil contractors of commercial, industrial and residential building, flats, apartments, bridges, dam, canals, roads, etc. The Petitioner submits that Company has many employees on its payroll and if the relief sought for is not granted, there will also be an adverse impact on the company. The Petitioner submits that the default is caused due to inevitable circumstances, inadvertently and without prejudice to the interest of the members and creditors of the company. Company has not filed its Annual Returns and Financials for the Financial Year 2015-16. The Petitioner has enclosed the Audited accounts for the financial years ended 2014-15, 2015-16 and 2016-17, Acknowledgement of Income-tax Returns for the Assessment Years 2015-16, 2016-17 & 2017-18, Bank Statement of Oriental Bank of Commerce for the period 1.4.2017 to 02.12.2017, copies of latest TDS Return and GST Return filed to show that the company is validly existing, operational and actively engaged in day to day business operations since its Incorporation.