NATIONAL COMPANY LAW APPELLATE TRIBUNAL, MUMBAI

IN THE MATTER OF:

ARIHANT REALTY PVT LTD ...Appellant

Versus

REGISTRAR OF COMPANIES, MUMBAI …Respondent

 In this case, the petition is filed by the petitioner dated 16.11.18 under Sec 252 for the
restoration of the company in the register of the companies, Mumbai.
 The petitioner came to the bench because the ROC Mumbai has alleged that the said
company is inactive and was not doing any business for the last 2 years and neither did
they made an application for being the dominant company under Sec 255 of Companies
act. The ROC Mumbai consequently struck off the company from the register of the
companies under Sec 248 of the said act.
 Petitioners in their arguments have admitted that they were inactive for the last 2 years
i.e. 2015-2016, 2016-2017, and have not filled the financial statements because of
inadvertence. However, the petitioner has argued that the delay in filling the financial
statement was never intended and not deliberate.
 It was further argued that the company is ready to file all the statements and the
documents to the registrar of the companies, and if the name is not restored then that
would be unfair to the shareholders of the company and would negatively impact the
petitioners and there will be an irreparable loss.
 The respondents argued that the company has not submitted the relevant documents and
also not given the financial statements to the registrar of the companies. But if the said
company submits all the documents and the final statements then the registrar of the
company has no issue and can bring the name of the company back to the register of the
companies.
 Accordingly, the petition is allowed in the NCLT Mumbai. The restoration of the
company in the register of the companies Mumbai is allowed and also the Bench said that
all the documents and the financial statements are to be given to the registrar of the
companies.
 Furthermore, the court ordered the company to pay the 30000 in the form of a demand
draft to the pay and accounts officer, ministry of corporate affairs, Mumbai, within 7 days
after the order is passed by the bench. All the accounts that are freezed are now to be de-
freezed.