ALLAHABAD BENCH, PRAYAGRAJ

CP No.81/ALD/2023 with CA No.45/2023

(Application under Second proviso to Section 252(1) of the Companies Act, 2013 along with an application u/s 5 of the Limitation Act, 1963 read with section 433 of the Companies Act, 2013 read with Rule 2(15) read with Rule

11 and 32 of the NCLT Rules, 2016).

IN THE MATTER OF:

REGISTRAR OF COMPANIES (ROC)

U.P., Govt. Of India, Ministry of Corporate Affairs,

37/17, Westcott Building, The Mall, Kanpur- 208001,

Thana/Kotwali- Kanpur Nagar. ………. Appellant/Applicant

Versus

ECOGREEN REALESTATE (INDIA) LIMITED

Having Its Registered Office At:

C/o Dan Bahadur Verma (Opp. Dr. R.M. Lohia University)

Sanjeev Poly Clinic, Naka Muzaffara Faizabad U.P.-224205

………Respondent No.1

MR. AVNEESH VERMA

S/o Sh. Chandra Prakash Verma,

R/o Vill- Manka Pura, Post- Pachhiyana,

Thana- Haiderganj, Faizabad-224001,

Uttar Pradesh, India

………Respondent No.2

MR. AJAY KUMAR

S/o Sh. Ghanshyam Rajkaran,

R/o 582 Janaanshik Vill- Jana, Faizabad-224001,

Uttar Pradesh, India

………Respondent No.3

MR. CHANDRA PRAKASH VERMA S/o Sh. Ram Sunder Verma, R/o Vill- Manka Pura, Khapradeeha, Haiderganj, Faizabad-224001, Uttar Pradesh, India ………Respondent No.4 AND IN THE MATTER OF:

REGISTRAR OF COMPANIES (ROC)

………. Applicant/Appellant Versus ECOGREEN REALESTATE (INDIA) LIMITED AND OTHERS ………Respondent Order Pronounced on: 22.07.2025 Coram:

Sh. Praveen Gupta : Member (Judicial)

Sh. Ashish Verma : Member (Technical)

Appearances Sh. Krishna Dev Vyas, Adv. : For Appellant & Applicant in CA No.45/2023

ORDER

1. This Application has been filed on 14.8.2023 by Registrar of Companies, Kanpur, U.P (hereinafter referred as “Applicant”), under Section 252(1) of the Companies Act, 2013, (hereinafter referred as the Act) praying for restoration of the name of the Respondent No.1 Company i.e. ECOGREEN REALESTATE (INDIA) LIMITED bearing (CIN-U70102UP2010PLC041380), on the Register of Companies, maintained by Registrar of Companies, Uttar Pradesh (hereinafter referred as “Applicant/RoC”) which was inadvertently struck off on 10.11.2014. Later, a separate IA No. 45/2023 has been filed dated 11.09.2023, for seeking condonation of delay in filing of the present petition in view of the fact that there is limitation of three years prescribed under Section 252(1) of the Act.

2. M/s ECOGREEN REALESTATE (INDIA) LIMITED (hereinafter called as ‘Company’) was incorporated on 19.07.2010 under the Companies Act, 1956 bearing CIN: CIN-U70102UP2010PLC041380. The registered office of the Company is located at C/O Dan Bahadur Verma (Opp. DR. R. M. Lohia University) Sanjeev Poly Clinic, Naka Muzaffara Faizabad UP 224205., and hence this Tribunal has jurisdiction to decide the matter. The Respondent no. 2 to 4 are directors of the company.

3. The Authorized Share Capital of the company is Rs. 5,00,00 (Rupees five Lakhs). The Company was managed by three directors, Shri Avneesh Verma, (DIN: 03063709) and Shri Chandra Prakash Verma, (DIN: 03063835) and Ajay Kumar (DIN: 03093374) being the signatories of the Company.

4. As per the Memorandum of Association and Articles of Association, the Company is engaged in the business of acquiring, developing, selling, leasing, or exchanging real and personal estate, including lands, buildings, factories, and mineral rights, for investment or operational purposes. It also operates as proprietors of flats and buildings, leasing apartments and providing common amenities for residential and business quarters. The Company conducts business as contractors, civil contractors, developers, and consultants, focusing on acquiring, developing, and trading in land and immovable properties. It undertakes housing schemes, townships, and construction projects, including residential, commercial, and institutional buildings, as well as infrastructure projects, with governments or other entities, involving construction, maintenance, and supply of materials and equipment.

5. The Applicant states that the company's Board of Directors applied to the Registrar of Companie