Restoration of a company's name is permissible under the Companies Act if the company demonstrates willingness to comply with statutory obligations and if restoration serves the interests of justice.

ORDER

PER: MANNI SANKARIAH SHANMUGA SUNDARAM, MEMBER (JUDICIAL)

1. The present appeal has been filed in accordance with Section 252(3) of the Companies Act, 2013 read with Rule 87A of the National Company Law Tribunal (Amendment) Rules, 2017 by Col. (Retd.) Kamal Kishore Khanna, M/s. Kaytin Transport Private Limited for restoration of the name of the Appellant Company, i.e., M/s. Kaytin Transport Private Limited, which was struck off by the Registrar of Companies, NCT of Delhi and Haryana vide Public Notice dated 23.06.2007.

2. This Appeal has been filed against the order of striking off the name of the Appellant Company passed by the Respondent Registrar of Companies (hereinafter referred to as ‘RoC’) under the provisions of Section 248(1)(c) of the Companies Act, 2013 read with Rule 9 of the Companies (Removal of Names of Companies from the Registrar of Companies) Rules, 2016.

3. The averments submitted by the Appellant Company herein, have been elucidated hereunder:

a. That the Ld. Counsel for the Appellant submits that the Appellant Company was incorporated on 10.01.1983 under the then Companies Act, 1956 bearing CIN No.: U60210DL1983PTCC014951, having its Registered Office at: C-5/67, D.D.A. Flats, East of Kailash, New Delhi which falls within the jurisdiction of this Tribunal, and also RoC, NCT of Delhi & Haryana.

b. That the Authorised Representative of the Appellant Company in the present case, i.e., Col. (Retd.) Kamal Kishore Khanna, has been a director of the Appellant Company from its inception as mentioned in the Master Data of the Appellant Company.

c. That the Authorised Share Capital of the Appellant Company is Rs.1,00,000/-. The Issued, Subscribed and Paid-up Share Capital is Rs.1,00,000/-. The object clause of the Appellant is provided in the Memorandum of Association (hereinafter referred to as ‘MoA’) which includes the business to rehabilitate, engage, train or to provide employment directly or indirectly to ex-servicemen in any manner and/or to do all such acts for their rehabilitation and welfare by engaging in transportation and other activities. It further encompasses to carry on all or any of the business of transport, cartage and haulage contractors garage proprietors, owners and charters of road vehicles of every description, carriers of goods, animals from place to place by road, rail carrier, animal drawn vehicles and cartage contractors and agents or in any other manner to carry on all or any of the following business, i.e., general carriers, transporters, railway forwarding agents custom house clearing agents, ware housemen and store keepers.

d. That the Appellant Company has two shareholders as on the date of the company getting struck off, i.e., Col. (Retd.) Kamal Kishore Khanna well as Mrs. Rita Khanna.

e. That the Appellant No.2 had taken premature retirement from the Indian Army in the year 1982 to avail a scheme launched by the Government of India whose aim was to re- settle ex-servicemen with the objective of starting out a venture to sponsor ex-servicemen to Coal India which would give 20 dumpers to the sponsored transport company on hire purchase basis, and will enter into agreement assuring adequate work for 5 years in order to enable the company to pay back the loan.

f. That the Appellant Company had executed an agreement with South Eastern Coalfields Limited (hereinafter referred to as ‘SECL’) to carry out the work. Subsequently, as and when the work was carried out, there were issues with SECL regarding non-payment of dues, delayed payments and partial payment due to which the Appellant Company were compelled to seek legal recourse with respect to numerous disputes with SECL spanning from the year 1988 to the year 2024.

g. That the Appellant Company has, despite immeasurable financial burden, has been struggling to reach a settlement between the parties involved, which only happened vide the order dated 19.04.2024 passed by the Hon’ble Supreme Court of India.

h.That due to the endless ongoing lit