Restoration of a company's name under Section 252(3) of the Companies Act is justified if it was operational at the time of striking off or if restoration is deemed just.

ORDER

PER: DR. SANJEEV RANJAN, MEMBER (TECHNICAL)

1. The present Appeal has been filed by the Appellant Company i.e. Growth Infradevelopers Private Limited under Section 252(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 - ROC/DELHI/248(5)/STK-7/4865 dated 08.08.2018 (Company name appears in Sr. No. 8132 in the impugned order). The following reliefs have been sought:

“12. Issue any appropriate writ, order or direction, quashing the striking off the of Company, Growth Infradevelopers Private Limited and restroring its name back in the register of companies maintained by the Respondent,

A. To allow filing of all pending documents and returns without additional fee and

B. Direct the respondent to not to initiate any proccedings for the said defaults of non filing”

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

a. The Appellants submitted that the Registrar of Companies, NCT of Delhi, the opposite party herein, struck off the petitioners Company Growth Infradevelopers Private Limited due to default in statutory Compliances, namely failure to file Financial Statement & Annual Return since 2014.

b. Growth Infradevelopers Private Limited was incorporated on 07.10.2013, vide CIN: U70102DL2013PTC258796, as a Private Company limited by Shares with the Registrar of Companies, NCT of Delhi, having its registered office situated at 11A G/F DABAL STORY, EDGAH ROAD, PAHAR GANJ, OPP. EDGHA MASHD, WEST DELHI, DELHI, INDIA 110006 and the Authorised Share Capital of the Company is Rs. 1,00,000/- (Rupees One Lakhs Only) divided into 10,000 (Ten Thousand) number of Equity Shares of Rs. 10/- (Rupees Ten) each and the Issued, Subscribed & Paid Up Capital of the Company is Rs. 1,00,000/- (Rupees One Lakhs only) divided into 10,000 (Ten Thousand) number of equity shares of Rs. 10/- (Rupees Ten) each.

c. As per Memorandum of Association of the Appellant Company, the main objects of the company were as:-

"To carry on business of sale, purchase, maintain, improve, set on rent or otherwise dispose of lands, buildings, agricultural lands, farm houses, structure immovable properties and apartments of any tenure or interest...etc."

d. There are two directors of Company namely Mr. Dev Juneja (Din-07283434.) and Mr. Ajay Kumar Jain (Din-07325678).

e. It was submitted that the Company remained active and compliant in all respect from its incorporation till the year 2014, after which due to slump in business and adverse real estate scenario, activities of the Company was adversely affected, the company has to face various pending lawsuits, directors’ attention diverting from the company’s business operations and the compliances could not be in companies Act done in time. The key members namely Mr Dev Juneja and Mr Ajay Kumar Jain were entangled in the various pending lawsuits, due to which both the directors’ attention has shifted from the company’s business operations and the compliances could not been done in time thereafter. The last Annual return was filed with the ROC for the financial year 2014-15. The last audited balance sheet of the Company was filed for the FY 2014-15.

f. It was submitted that the Company is functioning as per law and is not in any default otherwise whatsoever and that it deserves an opportunity to make the default good by the order of the honourable bench.

g. The Company is a private limited company with two Directors and both are the Shareholders and directors of the Company. There are loans given by the directors t