VITHI VACATIONS PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This is an appeal filed by M/s. Vithi Vacations Pvt. Ltd. CIN- U63040 DL2011 PTC215682 invoking the provision of Section 252 of the Companies Act, 2013 for restoration of the name of the petitioner company in the register maintained by the Registrar of Companies, NCT of Delhi and Haryana.

(2.) As per the averments, M/s. Vithi Vacations Pvt. Ltd. having its registered office, at 305, 3rd Floor, Vakil Chamber A-115, Shakarpur, Delhi East Delhi, New Delhi-110092, within the jurisdiction of this Tribunal. The main object of the company was to carry on business of travel and hotel industry.

(3.) A sweeping action was initiated by the RoC at the instance of MCA in striking of the names of several Companies who had consistently failed to file their Statutory Returns. The appellant has failed to file its Returns since incorporation i.e from the financial year 2011-2012 to 2015-2016, thereby giving rise to the surmise that the business of the company was inoperative. Consequently its name was struck off from the Register of Companies under Section248 of the Companies Act, 2013, by the Respondent, after issuing a notification under Section 248(5) in the Official Gazette dated 08.07.2017 applicable to all defaulters. The names of the effected companies were posted on its website. The petitioner has contended that non-filing of statutory documents with the respondents was an inadvertent mistake on the part of the management and is mainly attributed to lack of professional advice. The directors are ready to file the statutory documents now with payment of the additional fees. The copies of the audited Balance Sheets for the financial years 2011-12 to 2015-16 have been placed on record to show that the business of the company was in operation. Additionally they have filed their Ledger Accounts as well as client letters of appreciation from various Embassies to substantiate the business being in operation.