Party appealing for restoration must substantiate operational status with reliable records to invoke Tribunal's discretion under Section 252(3).

IN THE NATIONAL COMPANY LAW TRIBUNAL

NEW DELHI BENCH, COURT-III

COMPANY APPEAL NO. 65/252(ND)2024

Under Section 252 (3) of the Companies Act, 2013

IN THE MATTER OF:

M/s. ALCONIC HOLDINGS PRIVATE LIMITED

Through its Directors

Mr. Dinesh Chandra Dobhal

R/o: D-264 – A.L.I.G Flat, First Floor,

Pratap Vihar, Sector 11, Ghaziabad,

Uttar Pradesh – 201001

… APPELLANT

VERSUS

1. REGISTRAR OF COMPANIES

National Capital Territory of Delhi & Haryana

Office at: 4th Floor, IFCI Tower, 61,

Nehru Place, New Delhi-110019

… RESPONDENT NO. 1

2. UNION OF INDIA,

MINISTRY OF FINANCE, DEPARTMENT OF REVENUE

Department of Income Tax,

C/o Principal Chief Commissioner of Income Tax,

C.R. Building, I.P. Estate, New Delhi-110002

… RESPONDENT NO. 2

Order Pronounced On: 09.06.2025 CORAM:

SHRI BACHU VENKAT BALARAM DAS, HON’BLE MEMBER (JUDICIAL)

SHRI DR. SANJEEV RANJAN, HON’BLE MEMBER (TECHNICAL)

APPEARANCES:

For the Appellant: Mr. Awnish Kumar, Mr. Deepu, Advs.

For the RoC : Mr. Saurabh Indura, Company Prosecutor for ROC, Delhi For the IT Dept. : Mr. Sanjay Kumar, Ms. Easha, SCs

ORDER

PER: DR. SANJEEV RANJAN, MEMBER (TECHNICAL)

1. The present Appeal has been filed by the Ex-Directors on behalf of the Appellant Company under Section 252 (3) of the Companies Act, 2013 for restoration of name of the struck off company in the Register of Companies, maintained in the office of the Registrar of Companies, NCT of Delhi and Haryana. It is stated that the Appellant Company ‘M/s Alconic Holdings Private Limited’ was incorporated on 03.05.1993 and the name of the Appellant Company was struck off by the Registrar of Companies, NCT of Delhi and Haryana (Respondent No. 1) vide Public Notice No. ROC/DELHI/248(5)/STK-7/4865 dated

08.08.2018.

2. The Appellant Company’s business is “To carry on the business of investment company and to invest capital and other moneys of the company in the purchase or upon the security of shares, stocks, units, debenture stocks, units, debenture stock, bonds, mortgages, obligations and securities of any kind issued or granted by any company, corporation or undertaking whether incorporated or otherwise and/or carrying on business to underwrite, sub-underwrite, undertake and subscribe for, conditionally or unconditionally, stock shares, debentures and other securities whether marketable or otherwise of any other company; to carry on the business of underwriters and brokers and to act as brokers for the issue of the shares, stocks, debentures and other securities of any company and to act as merchant bankers to the issue of shares or debentures of all kinds, and to manage investments merger acquisitions in shares, debenture stocks, other securities, finance and real estate issue house, shares transfer agents and Managers to issue of securities of all kinds and to buy, exchange, acquire, hold, sell or otherwise deal in shares, stocks, debentures, debenture stocks, bonds, notes, mortgages, obligations and other securities issued or guaranteed by any company, corporation, government sovereign ruler, commissioners, trust, municipal, local or other authority or body of whatever nature in India or abroad.”

3. The Authorized Share Capital of the Appellant Company was Rs.

4,80,00,000/- and the Paid-up Share Capital of the Appellant Company was Rs. 4,77,99,430/-.

4. Due to non-filing of Annual accounts and returns for the Financial Year 2014-15 and 2015-16 name of the Appellant Company has been struck off by the Registrar of Companies, NCT of Delhi & Haryana from its Register of Company pursuant to provisions of Section 248 of the Companies Act, 2013. The Appellant Company submits that the non-filing of Balance Sheet and Annual Returns with the Registrar of Companies, NCT of Delhi & Haryana as required under the Companies Act, 1956 and/or the Companies Act, 2013, was inadvertent and occurred due to the negligence of the official who was entrusted with the responsibility of statutory compliance. The said official departed from the management without informing the then directors about the fi