JUDGEMENT

(Through Virtual Mode) [Per: Ajai Das Mehrotra, Member (T)] 1. The present Appeal has been filed under Section 421 of the Companies Act, 2013, (hereinafter referred to as the `Act’) against the Impugned Order dated 28.09.2021 passed by the NCLT (National Company Law Tribunal, Court – V, New Delhi) in Appeal 16/252/ND/2021. Before the NCLT, the Appeal was filed by the Directors of the Company namely Krishna Kumar Aggarwal and Chetan Aggarwal, for restoration of the name of the Company Garg Medical Solutions Private Limited in the register maintained by the Registrar of Companies (`RoC’). The registered office of the Company is Krishana Kumar Aggarwal S/o Brij Lal Aggarwal, R/p. 80, Shibtalla Street, Bhadrakali, 2nd Floor Hoogly, West Bengal.

…Appellant. Versus The Registrar of Companies NCT of Delhi & Haryana 4th Floor, IFCI Towers, Nehru Palace, New Delhi – 110019.

…Respondent. -2- Comp. App. (AT) No. 03 of 2022 situated at S-196, Shakarpur, Delhi – 110092 and the CIN No. is U241 00DL 2009 PTC1 93436.

2. The relevant facts, as reproduced in the Order of NCLT dated

28.09.2021 are reproduced below: “2. The major facts are given below:

3. A RoC in its reply dated 16.03.2021, objected to restoration of the name of the Company in view of the fact that the Company had not been in business as was evident from nil revenue from operations during the FY 2016-17 to 2018-19 (pg 3 of RoC reply), which resulted in striking of the name. In fact, the Company had nil revenue from operation since the FY 2016-17.

Strike off Date	08.08.2018 (Pg 135 of petition)
Audited Financial Statements	The Company has submitted audited financials for FY 2016- 17 to 2018-19 (pg 56 and 89 of petition), which show nil Revenue form Operations.

Strike off Date	08.08.2018 (Pg 135 of petition)
Audited Financial Statements	The Company has submitted audited financials for FY 2016- 17 to 2018-19 (pg 56 and 89 of petition), which show nil Revenue form Operations.

Even after FY 2016-17, the Company had nil revenue from operation during FY 2016-17 to 2018-19 (pg 56 and 89 of petition).

4. On the perusal of the order dated 23.03.2021, we notice that an opportunity was given to the IT Dept to file the report but till 11.08.21, no report had been filed. The case was finally heard and order was reserved on 11.08.21. The Company had filed Financial Statements for FY 2016-17 to 2018-19 and has not produced any other evidence that it has been a going concern when the name of the Company was struck off.” 3. NCLT observed that the Company seems to be defunct Company as it has NIL revenue from operations during the Financial Year 2016-17 to 2018- 19 and has not attached any evidence to show filing of any Income Tax Returns during the last decade and accordingly the Appeal was dismissed.

4. The Counsel for the Appellant submitted that Registrar has ignored the provisions of Section 248(6) of the Act whereby the Registrar had to satisfy himself that sufficient provisions has been made for realisation of all amount due to the Company and for payment of discharge of its liability and -3- Comp. App. (AT) No. 03 of 2022 obligations. As on 31.03.2018, the Company had unsecured Creditors totalling Rs.21 Lakhs/- reflected in its Balance Sheet. It was further submitted that on the date when the Company was struck off i.e., 08.08.2018, the due date for filing of accounts for Financial Year ending on 31.03.2018 was not over, as the filing was due in September, 2018 onwards. The Appellant claimed that it had done all the Statutory Compliance and filing of the Financial Year ending 31.03.2017. Thus, the Appellant submitted that there was no ground for striking off the Company on 08.08.2018. The Counsel for the Appellant further submitted that the Company owns a Fixed Asset in the form of the Property situated at Flat No. 502, Unit-A, Block – I, Fourth Floor, Indraprastha Apartments – I, Residential Group Housing, situated at Indraprastha Colony, Sector 30-33, Fa