KISHOR KAKATKAR 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 Register 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 Annual Returns for the Financial Years 2014-15 & 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 for the Financial Years 2014-15 & 2015-16.

(3.) The Petitioner says that the company is a going concern and is engaged in the business of developing, improving, analyzing, consulting, selling, distributing, importing, exporting, marketing, maintaining and/or licensing computer hardware, software and program packages and other peripherals and ancillary products including implementation and maintenance of knowledge management and a wide variety of software developing using object oriented technology or any other legacy or modular technologies, 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 inadvertently. Company has not filed only the Annual Returns for the Financial Years 2014-15 and 2015-16. The Petitioner has enclosed the Audited accounts for the financial years ended 2014-15 & 2015-16 Acknowledgement of Income-tax Returns for the Assessment Years 2015-16, 2016-17 & 2017-18 and statement of Salaries paid to the Employees to show that the company is actively involved in business from its inception