IN THE NATIONAL COMPANY LAW TRIBUNAL INDORE BENCH COURT NO. 1 ITEM No.210 Co.Appeal/10(MP)2022 Proceedings under Section 252(3)

IN THE MATTER OF:

Devi Dayal Gupta ........Applicant V/s RoC Gwalior MP & Ors ........Respondents Order delivered on 06/01/2023 Coram:

Dr. Madan B. Gosavi, Hon’ble Member(J)

Kaushalendra Kumar Singh Hon’ble Member(T)

PRESENT:

For the Applicant : For the Respondent :

ORDER

The case is fixed for pronouncement of order.

The order is pronounced in open Court vide separate sheet.

Sd/- Sd/-

KAUSHALENDRA KUMAR SINGH DR. MADAN B. GOSAVI MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Braj Mohan IN THE NATIONAL COMPANY LAW TRIBUNAL INDORE BENCH Co. Appeal No. 10 of 2022 [An Application under Section 252(3) of the Companies Act, 2013]

In the matter of:

M/s. Unipack Corrugators India Private Limited, (CIN: U21022MP1999PTC013291), a company incorporated under the Companies Act, 1956 and having its registered office situated at:

Civil Line, Sagar-Madhya Pradesh Mr. Devi Dayal Gupta S/O late Shri Baboolal Gupta R/o- 72 Laxmipura, Sagar Madhya Pradesh PIN 470 002 …… Appellant Versus

1) The Registrar of Companies, Madhya Pradesh

3^rd Floor, ‘A’ Block, Sanjay Complex, Jayendraganj, Madhya Pradesh, Madhya Pradesh.

….. Respondent 1

2) Shri Sanjay Kumar Gupta (DIN-03279009), r/o 72, Laxmipura, sagar- M.P. PIN 470002, Director of Struck off Company Unipack Corrugators India Private Limited, having regd. off. at 5, Civil Line, Sagar- MP ….. Respondent 2

3) Shri Dinesh Kumar Gupta (DIN-03215489), r/o Laxmipura, sagar- M.P. PIN 470002, Director of Struck off Company Unipack Corrugators India Private Limited, having regd. off. at 5, Civil Line, Sagar- MP ….. Respondent 3 Decided on: 05.01.2022 Coram: DR. MADAN B. GOSAVI, MEMBER (JUDICIAL)

KAUSHALENDRA KUMAR SINGH, MEMBER (TECHNICAL)

Appearance:

Ms. Manju Mundra, Ld. Counsel. appeared for the Appellant.

Ms. Pankti Shah, Ld. Adv. on behalf of Ms. Maithili D. Mehta, Ld. Adv.

appeared for the Income Tax Department.

ORDER

1. The instant appeal is filed under Section 252(3) of the Companies Act, 2013 (‘the Act’) for the restoration the name of struck-off Company M/s Unipack Corrugators India Private Limited (‘for brevity ‘the Company’). The name of the company was struck off by the Registrar of Companies, Madhya Pradesh, dated 27-07-2006 under Section 560 of the Companies Act, 1956 vide its Gazette Publication vide No ROC-G/2Sec. 560 (5) /2006 / 2395 dated 27^th July, 2006.

2. The authorized, issued, subscribed, and paid-up equity share capital of the company is Rs 35,00,000/- (Thirty-five Lakhs Only)

divided into 3,50,000 equity shares of Rs 10/- each.

3. The Company Unipack Corrugators India Private Limited was incorporated on 2^nd February 1999 as a private company limited having CIN: U21022MP1999PTC013291 having registered office address 5, Civil Lines, Near Suresh Medicals, Sagar Madhya Pradesh PIN- 470001 and the company was carrying on the business of manufacturing activities of corrugated box/

sheets and all kinds of packing, buy, sell, import, export.

4. The averments made by the Appellant, as being Creditor of the above company are summarized as under:

(i) No notice is received from the Respondent by the Appellant or the Company for initiation of proceedings under Section 560 of the Companies Act, 1956, for the purpose of striking off the name of the company from the Register maintained by Respondent 1. The name of the company has been struck off by Respondent 1 inadvertently without properly appreciating the facts and has blindly struck off the company. The company is continuing in operation since the date of incorporation. (ii) As on the date when the name of the company has been struck off from the Register of Companies maintained by the office of the Registrar of Companies, Madhya Pradesh there was (i) land in the name of the Company, (ii) secured financial creditor’s loan outstanding, and (iii) unsecured loan outstanding, and (iv) 2 Charges created on the property of the Company were outstanding towards the secu