HC Rejects Writ Plea for Restoration of Struck-Off Name by RoC | Directs Petitioner to NCLT Under Co(s) Act, 2013

Case Details: Karmyogi Builders (P.) Ltd. v. Registrar of Companies - [2024] 165 taxmann.com 52 (HC-Delhi)

Judiciary and Counsel Details

• Dharmesh Sharma, J.
• Trideep Pais, Sr. Adv. for the Petitioner.
• Ms Shiva Lakshmi, Rajdeep Saraf, Anoushka Bajpai & Bineesh K., Adv. for the Respondent.

Facts of the Case

In the instant case, the Registrar of Companies (RoC) struck off the name of the petitioner company from the register of companies on its failure to file statutory returns from 1996 onwards.

During the course of the proceeding, the writ court directed the name of the petitioner to be restored subject to payment of costs and on the condition that the company files its pending annual returns as well as balance sheets.

Pursuant thereto, the petitioner deposited the cost, and consequently, the RoC restored the name of the company, changing its status from inactive to active. Even after passing the said order, the petitioner had not been able to file its return due to certain inter se disputes amongst directors and/or shareholders.

The RoC proceeded to strike the petitioner’s name from the register of companies in the exercise of its powers under section 248(5) of the Companies Act, 2013.

The petitioner filed an instant writ seeking directions to the writ court to issue appropriate directions to the RoC to accept the delayed statutory returns sought to be filed and also revive/relist the petitioner company.

High Court Held

The High Court held that the provisions under which action was earlier taken under the old Act, as also the action subsequently taken under the new Act, are not inconsistent with one another. The new enactment rather provides for a more detailed procedure for striking off the name of a company as also an effective remedy for dealing with the de-registration of a company, which is not running its business or in operation. Further, the registers maintained under the old Act are also deemed to be registers maintained under the new Act and can be relied upon for seeking any legal remedy.

In view of the foregoing discussion, the remedy of the petitioner lies with the NCLT in terms of chapter XXVII of the newly enacted Companies Act, 2013. Therefore, the instant application moved by the petitioner was to be dismissed.