IN THE NATIONAL COMPANY LAW TRIBUNAL

NEW DELHI BENCH

COURT-IV

IN THE MATTER OF:

GREAT GREEN FARM HOUSE PRIVATE LIMITED

H ΝΟ. 104, PPNO-NJFU 599, TYAGI MOHALLA

VILLAGE JHATIKRA, NEAR SANT DAIRY

NEW DELHI, SOUTH WEST-110043

…APPELLANT NO. 1/APPELLANT COMPANY

MR. ANISH KUMAR

PROMOTER, EX-DIRECTOR & SHAREHOLDER

…APPELLANT NO. 2

MR. ANUJ KUMAR

PROMOTER, EX-DIRECTOR & SHAREHOLDER

…APPELLANT NO. 3

VERSUS

REGISTRAR OF COMPANIES,

NCT OF DELHI & HARYANA

IFCI TOWER, 4^TH FLOOR,

61, NEHRU PLACE, NEW DELHI-110019

…RESPONDENT NO. 1

INCOME TAX DEPARTMENT

CHAMBER NO. 428-429 DELHI HIGH COURT

SHER SHAH ROAD, NEAR INDIA GATE,

NEW DELHI-110503

…RESPONDENT NO. 2

Order Delivered on: 08.10.2024

CORAM:

SHRI MANNI SANKARIAH SHANMUGA SUNDARAM,

HON’BLE MEMBER (JUDICIAL)

DR. SANJEEV RANJAN,

HON’BLE MEMBER (TECHNICAL)

PRESENT:

For the Applicant : Adv. Himanshu Harbola, Adv. Rohit Rajliwal.

For the RoC : Mr. Aakash Sharma, Adv.

For the Income Tax Deptt. : Mr. Sunil Agarwal, Mr. Shivansh B Pandya Mr. Viplav Acharya, Advs.

ORDER

PER: DR. SANJEEV RANJAN, MEMBER (TECHNICAL)

1. The present appeal has been filed by the Appellants, under Section

252(1) & (3) of the Companies Act, 2013 for restoration of name of the company, which was struck off by the Registrar of Companies, NCT of Delhi and Haryana (Respondent) vide Public Notice No.- ROC-

DEL/248(1)(d)/STK-7/6869 dated 13.12.2022.

2. Brief facts of the case, as mentioned in the instant company appeal, which are relevant to the issue in question, are as follows: -

i. The Appellant Company i.e., M/s Great Green Farm House Private Limited was incorporated on 15.03.2021 in accordance with the provisions of Companies Act, 2013 bearing CIN: U70109DL2021PTC378520 and having registered office situated at "H. No. 104, PPNO- NJFU 599, Tyagi Mohalla Village Jhatikra, Near Sant Dairy New Delhi, South West -110043.

ii. The Appellant Company has purchased an immovable property i.e., Land covering total 2 Bighas 4 Biswas, bearing Khasra Nos.5/7/2 South East (1-4-7), 8 Centre (0-10-0), 9 Centre (0-4- 13), 26 (0-5), situated in the Revenue Estate of Village Jhatikra, Tehsil Kapashera, New Delhi through a Sale Deed dated 28.09.2021 entered by and between M/s. Future Icons Institute Private.

iii. It is further pertinent to mention that the Appellant Company i.e.

Great Green Farm House Private Limited holds the abovementioned land at the Revenue Estate of Village Jhatikra, Tehsil Kapashera, New Delhi which having a local advantage. The location of the land at Tehsil Kapashera, New Delhi has a great potential for construction business like construction of residential and/or commercial complex etc. and ex- directors/promoters of the Appellant Company have good experience in the construction line of business. It is proposed that the immovable land owned by the Appellant Company may be used or business operations may start on said immovable land with some financial assistance from a suitable commercial bank.

iv. That the ex- directors & promoters of the Appellant Company undertake and affirm that the above-described land situated at Village Jhatikra, Tehsil Kapashera, New Delhi, Haryana as owned by the Appellant Company shall continue to be utilized for the above-mentioned business activities in future as well.

v. The Appellant Company was also maintaining a "Current Bank Account" with "Axis Bank Ltd." at address "Ground Floor & Basement, SCO 20, Sector 10A, Gurugram, Haryana-122001" for the relevant period through the said bank account when it was struck off by the Respondent No. 1 i.e., Registrar of Companies, NCT of Delhi & Haryana. It is further pertinent to mention that the closing balance of the abovementioned Bank Account as on 02.02.2023, reflects an amount of Rs. 7,44,638.45/- (Rupees Seven Lakhs Forty-Four Thousand Six Hundred Thirty-Eight and Forty-Five Paise Only) which was proposed to be utilized by the Appellant Company for its day-to-day business operations, however its name was struck-off by the RoC. The copy of the bank statements for a period from 01.04.2021 to