NATIONAL COMPANY LAW TRIBUNAL

COURT NO. 1

ITEM Nos.20& 21

Item No.20 – CP/28(MP)2022 Item No.21 – IA/16(MP)2023

in

CP/28(MP)2022

Proceedings under Section 252(1)

IN THE MATTER OF:

RoC Gwalior MP ........Applicant

V/s

Hitendra Singh Parmar

(Royal Internet Services Pvt Ltd)& Ors ........Respondents

Order delivered on 22/03/2024

Coram:

P. Mohan Raj, Hon’ble Member(J)

Kaushalendra Kumar Singh, Hon’ble Member(T)

PRESENT:

For the Applicant : For the Respondents :

ORDER

CP/28(MP)2022 & IA/16(MP)2023

Both cases are fixed for pronouncement of the order.

The common order is pronounced in open Court vide separate sheet.

-sd- -sd-

KAUSHALENDRA KUMAR SINGH P. MOHAN RAJ

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

A. Bhadauria

NATIONAL COMPANY LAW TRIBUNAL (Under Section 252(1) of the Companies Act, 2013)

In the matter of Registrar of Companies, Gwalior

3^rd Floor ‘A’ Block Sanjay Complex, Jayendra Ganj, Gwalior, Madhya Pradesh -474009 ……Applicant Versus Hitendra Singh Parmar Director of:

M/s Royal Internet Services Private Limited Having its registered address at:

Bungalow No-1, Century Estate, Gulmohar Extension Indore, Madhya Pradesh ……Respondent Order pronounced on: 22.03.2024 Coram: P. Mohan Raj, Member (J)

Kaushalendra Kumar Singh, Member (T)

Appearance:

For the Applicant : Ms. Ishita Goyal, Advocate Ms. Sukirti Baghel, Advocate & Company Prosecutor For the Respondent : None

ORDER

1. This present petition was filed on 09.05.2022, by the Registrar of Companies (RoC) under section 252(1) of the Companies Act, 2013 (the Act) against the notification/ order dated 26.05.2017 issued by the RoC, whereby the name of the company, M/s Abbu Water Park Private Limited, (Respondent Company) has been struck off from the Register of Companies maintained by the RoC. The RoC is praying for restoring the name of the Respondent Company on the Register of Companies to place the said company in the same position as if the name of the company has not been struck off. The IA 16 of 2023 is however filed on 20.04.2023 seeking disposal of the main company petition.

2. The company was incorporated as a private limited company with the Registrar of Companies, Gwalior on 26.09.2002 under the provisions of the Companies Act, 1956, with CIN No. U64202MP2002PTC015306, having its registered office at Bungalow No-1, Century Estate, Gulmohar Extension, Indore, Madhya Pradesh. The authorized share capital of the company is Rs 3,00,000/-. The main object of the company as per the Memorandum of Association is to carry on the business to carry on and engage an agency, individual or firm in the business of Internet Service Providers.

3. Submission made by the applicant in its petition and as presented/argued by the company prosecutor are summarized hereunder:

(i) The RoC struck off the name of the Respondent Company from its Register, on suo motu basis, in pursuance of section 248(1)(c) of the Act owing to no business activity carried by the respondent company since last two years. Consequently, the RoC, after issuing notices STK-1 dated 23.03.2017 and STK-5 dated 10.03.2017 struck off the name from the Register of Companies maintained by the Registrar of Companies, Gwalior, Madhya Pradesh through the Notice No. ROC-G/248(5)/2017/2771 dated 26.05.2017. The same was published in the Official Gazette in Form STK-7.

(ii) Following that, the RoC came to know about its inadvertent mistake of striking off the Respondent Company, after it was brought to knowledge that the Respondent Company has pending charges for satisfaction.

(iii) According to proviso (ix) to Rule 3 of the Companies (Removal of Name of Companies from the Register of Companies) Rules, 2016, a company cannot be struck off on a suo motu basis if there are any charges of the company pending for satisfaction. The respondent company has one open charge in its Master Data as per Ministry of Corporate Affairs(MCA), payable to Bank of India, Khajrana, Indore, Madhya Pradesh, India amounting to Rs. 14,00,000/-. It is necessary to restore the Respondent Company to en