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IN THE NATIONAL COMPANY LAW TRIBUNAL

DIVISION BENCH–I, CHENNAI

ATTENDANCE CUM ORDER SHEET OF THE HEARING

HELD ON 23.08.2024 THROUGH VIDEO CONFERENCING

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

HON’BLE SHRI. VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL

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APPLICATION NUMBER : Comp.Appeal/63/2024

PETITION NUMBER :

NAME OF THE PETITIONER(S) : Nano Instruments Pvt. Ltd.

NAME OF THE RESPONDENT(S) : RoC, Coimbatore

UNDER SECTION : Sec 252(1) of CA, 2013

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ORDER IN THE NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH – I, CHENNAI Under Section 252(3)of the Companies Act, 2013 read with Rule 11 &87 of NCLT Rules, 2016 In the matter of Nano Instruments Private Limited NANO INSTRUMENTS PRIVATE LIMITED Registered Office at S.F.83, R.K.Puram, Ganapathy, Coimbatore, Tamil Nadu- 641 006 Sumanth Udhayashankar, S/O UdayaShankar, No.2, Akshatha, 2nd Cross Godavari Street, Thindlu Circle, Anjaneya Swamy Layout Thindlu, Vidhyaranyapura, Bengaluru, Karnataka – 560 097 … Appellant -Vs-

Present: Shri. T. Venkateshulu, Ld. Counsel for the Appellant.

Vide separate order pronounced in the Open Court, the appeal is allowed subject to cost of Rs.2,00,000/- (Rupees Two Lakhs only). The Company

M/s. Nano Instruments Pvt. Ltd. is restored.

File be consigned to records.

Sd/- Sd/-

VENKATARAMAN SUBRAMANIAM SANJIV JAIN

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

VS

REGISTRAR OF COMPANIES, COIMBATORE AGT Business Park, Avinashi Road, TNHB Colony, Indira Nagar, Civil Aerodrome Post, Coimbatore, Tamil Nadu – 641 014 … Respondent Order Pronounced on 23rd August 2024 Present:

For Appellant : T.Venkateshulu, PCS For Respondent:Avinash Krishnan Ravi, Advocate CORAM SANJIV JAIN, MEMBER (JUDICIAL)

VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL)

O R D E R

(Hearing Conducted through VC)

This Appeal has been filed by Mr.Sumanth Udhayashankar in the capacity as a Shareholder of the Company namely, Nano Instruments Private Limited under Section 252(1) of the Companies Act, 2013 aggrieved against the order of strike off carried out by the Respondent namely, the Registrar of Companies, Coimbatore under Section 248 of the Companies Act, 2013, seeking thereof to restore the name of the Company in the Register maintained by the Respondent/RoC.

2. The brief facts of the matter are tabulated below:-

3. The main object of the Company is to carry on the business of designing, research and development, manufacturing, assembling, buying, selling, importing, exporting, trading in wholesale and retail, marketing, promoting, distributing, dealing in, maintenance, servicing of all types of dairy instruments, machinery and equipment exclusively nano milking machines. The details of the main object are set out in the Memorandum of Association which has been filed along with the typed set of documents. 4. It is stated that the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within a period of 180 days of its incorporation under section

10A(1) of the Companies Act, 2013.

5. The reason for non-filing of returns is that due to some administrative issues and improper guidance from professional it led to delay in opening the bank account. It is stated that the declaration in Form No.

INC-20A could not be submitted with Registrar of Companies (ROC).

6. It is stated that the promoters of the company are engaged in above said business with similar name" Nano Instruments" a partnership firm (Annexure-D) having its place of business at Bengaluru for past 5 years. It is stated that the promoters of the company had decided to start a manufacturing unit at Coimbatore. A