Restoration of a company's name is not warranted if it has been struck off due to non-operation, even with pending litigation, as claims can still be pursued under Section 250 of the Companies Act, 2013.

ORDER

PER: MANNI SANKARIAH SHANMUGA SUNDARAM, MEMBER (JUDICIAL)

1. The present Appeal has been filed by the Appellants under Section 252(3) of the Companies Act, 2013 for restoration of name of the Company i.e Asia Aviation Pvt. Ltd., which was struck off by the Registrar of Companies, NCT of Delhi and Haryana (Respondent) vide Public Notice - ROC/DELHI/248(5)/STK-7/10148 dated 10.05.2020 (Company name appears in Sr. No. 257 in the impugned order). The following reliefs have been sought:

a) allow the Present Appeal and set aside the Notice No- ROC/DELHI/248(2)/STK-7/10148 dated 30.06.2020 of the ROC, Delhi by which the Respondent No.2 Company was struck off and consequently; and

b) order the restoration of the name of the Respondent No.2 Company to the Register of Companies as if the name of the company had not been struck off from the Register of Companies; and

c) pass such other order(s) as this Hon’ble Tribunal deems fit and proper in the facts of the instant case, in order to grant necessary relief to the Appellant.

2. SUBMISSIONS OF THE APPELLANTS

i. It is the case of the Appellants that the Appellants are aggrieved by the action of the Registrar of Companies to strike off the name of the Respondent Company from the Register of Companies vide STK-7 dated 30.06.2020 while a claim in the form of an Arbitral Award dated 24.07.2012 passed by Hon’ble Mr. Justice R.C. Chopra (Retd.), Sole Arbitrator against the Respondent Company, as well as a challenge to the said Arbitral Award dated 24.07.2012 under Section 34 of the Arbitration and Conciliation Act, 1996 being O.M.P. (COMM.) 195 of 2020 titled Capt. V.K. Sharma vs. Asia Aviation Ltd. &Ors., was pending adjudication before the Hon’ble High Court of Delhi.

ii. The Respondent No.2 herein is a company incorporated on 21.07.1997 under the Companies Act, 1956 with Registrar of Companies, Delhi. The CIN of Respondent No.2 is U62100DL1997PTC088626 and its registered address, as per Company Master Data is shown as D-7 Greater Kailash Enclave -II, Delhi-110048.

iii. An Arbitral Award dated 24.07.2012 was passed by Hon’ble Mr. Justice R.C. Chopra (Retd.), Sole Arbitrator in favour of Capt. V.K Sharma, i.e the Appellant, and against the Respondent No. 2 Company. As per the Arbitral Award a payment of Rs.8.07 lakhs with 13% interest w.e.f 31.10.2007 till the date of payment along with costs of litigation @ 2 lakhs was to be paid to the Appellant by Respondent No.2.

iv. The Appellant had challenged the said Arbitral Award dated 24.07.2012 by way of an Application under Section 34 of the Arbitration and Conciliation Act, 1996 before the Hon’ble High Court of Delhi to the limited extent of enhancement of the award and consideration of other Claims of the Appellant.

v. The Application under Section 34 was numbered as Ο.Μ.Ρ 1120/2012 which was renumbered as O.Μ.Ρ (Comm.) 195 of 2020 titled 'Capt. V.K Sharma vs. Asia Aviation Ltd. and Ors.’

vi. Respondent No.2 also challenged the said Arbitral Award dated 24.07.2012 by way of an Application under Section 34 of the Arbitration and Conciliation Act, 1996 before the Hon’ble High Court of Delhi which was numbered as O.M.P (Comm.) 194 of 2020 titled ’Asia Aviation Ltd. vs. Capt. V.K Sharma’.

vii. The two Applications under Section 34 of the Arbitration and Conciliation Act, 1996 have been pending before the Hon’ble High Court of Delhi since 2012.

viii. Respondent No.2 did not appear in the matters when listed before the Hon’ble High Court on 28.01.2020 and 23.07.2021. Thereafter, on 07.12.2021, during the course of the hearing of O.M.P (Comm.) 194 of 2020 before the Hon’ble High Court. Respondent No.2’s Counsel appeared and apprised the Court that the name of the Respondent No.2 Company had been "struck off" the Register of Companies by the Registrar of Companies and sought time to place the Notification of striking off on the record of the Hon’ble High Court.

ix. Thereaft