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IN THE NATIONAL COMPANY LAW TRIBUNAL

DIVISION BENCH (COURT– I) CHENNAI

ATTENDANCE CUM ORDER SHEET OF THE HEARING

HELD ON 20.03.2024 THROUGH VIDEO CONFERENCE

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PRESENT: HON’BLE SHRI. SANJIV JAIN, MEMBER (JUDICIAL)

HON'BLE SHRI VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL)

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Application No :

Petition No : CP/31/2021

Name of Petitioner : Vayu Sakthi Suppliers Pvt Ltd

& Vs

Name of Respondent : Roc, Chennai

Section : Rule 48(2) R/w Rule 11 of NCLT Rules 2016

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ORDER IN THE NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH – I, CHENNAI (Filed under Section 252 of the Companies Act, 2013 and Rules 11 and 87A of the NCLT Rules, 2016)

Present: None for the Petitioner

Vide separate order pronounced in open court, the company is restored subject to

certain conditions. The application is accordingly disposed of.

File be consigned to record room.

-sd- -sd-

[VENKATARAMAN SUBRAMANIAM] [SANJIV JAIN]

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

MS

In the matter of M/s. Vayu Shakti Suppliers Pvt. Ltd.

M/s. Vayu Shakti Suppliers Private Limited, U4010TN1996PTC034791 D-1 Srishti Cresando’

24, Desika Road, Mylapore, Chennai – 600 004.

… Petitioner -Vs-

1. The Registrar of Companies, Chennai, Tamilnadu A & N Islands Chennai, Shastri Bhawan II Floor, No.26, Haddows Road, Chennai – 600 006.

2. The Secretary Ministry of Corporate Affairs Union of India

5th Floor, A-Wing, Shastri Bhawan, New Delhi-110001 … Respondents CORAM :

SANJIV JAIN, MEMBER (JUDICIAL)

VENKATARAMAN SUBRAMANIAN, MEMBER (TECHNICAL)

For Petitioner : G Rajathi, Advocate For Respondent : Avinash Krishnan Ravi, Advocate Order pronounced on 20th March, 2024

O R D E R

This is a Petition filed by one Mr. T Sharat Babu in the capacity as a Director of the Company namely, M/s. Vayu Shakthi Suppliers Pvt. Ltd. (hereinafter “Petitioner Company”) under Section 252 of the Companies Act, 2013 and Rules 11 and 87A of the NCLT Rules, 2016, aggrieved against the order of strike off carried out by the Respondent namely, the Registrar of Companies, Chennai under Section 248 of the Companies Act, 2013. The present Petition has been filed by the Petitioner seeking thereof to restore the name of the Company M/s.

Vayu Shakti Suppliers Private Limited.

2. The Company was incorporated on 12.03.1996, registered under the Companies Act, 1956, bearing CIN: U4010TN1996PTC034791 having its registered office at No 162/16, D-1, Srishti Cresando, 24, Desika Road, Chennai-600004.

3. The main object of the Company is as follows:

To engage in the generation, distribution and marketing of Power/electricity generated from all kinds of renewable energy sources including wind power, solar power etc., and to set up installations/infrastructure for the above.

The details of the main object are outlined in the Memorandum of Association which is filed along with the typed set of documents.

4. The Company has not filed its financial statements and annual returns for the period from the financial year 2015-16 till the year of strike off with the Respondent/RoC and hence the Respondent had initiated proceedings under the provisions of Section 248 of the Companies Act, 2013 and consequently struck off the name of the Company from the Register maintained by them. It is further submitted that the Respondent/RoC has issued notice in Form STK-1 on 08.07.2019 and finally Form STK-7 on 29.10.2019.

5. The learned counsel for the petitioner has submitted that the Petition has been filed challenging the order of the first Respondent herein, as an investigation in relation to one company namely, M/s. Subhiksha Trading Services Pvt. Ltd., a company now under liquidation, was ordered by the second Respondent herein viz. the Ministry of Corporate Affai