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2025 Supreme(Online)(NCLT) 3981

NATIONAL COMPANY LAW TRIBUNAL
BIJAL KANTILAL PATEL – Appellant
Versus
REGISTRAR OF COMPANIES CHENNAI – Respondent
CP - 22/2024



Advocates:
For the Petitioner:Ramanathan N

IN THE NATIONAL COMPANY LAW TRIBUNAL,

SPECIAL BENCH - II, CHENNAI

CP(CA)/22/CHE/2024

(Under Section 248(8), 271(e) r/w 271(1)(b) of the Companies Act, 2013 r/w

Companies (Winding Up) Rules, 2020)

BIJAL KANTILAL PATEL

Contributory of Shrijee Developers Limited,

Residing at 12, Pathmavathiar Road,

Gopalapuram, Chennai - 600 086, Tamil Nadu.

… Petitioner

Vs.

THE REGISTRAR OF COMPANIES

Ministry of Corporate Affairs,

Block No.6, B Wing, 2nd Floor, Shastri Bhawan,

26, Haddows Road, Chennai - 600 006, Tamil Nadu.

… Respondent

Order Pronounced on

8th August 2025

CORAM

JYOTI KUMAR TRIPATHI, MEMBER (JUDICIAL)

VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL)

Present: -

For Petitioner(s) : Mr. R.Inbaraju, Advocate

For ROC, Chennai : Mr. Avinash Krishnan Ravi, Advocate

O R D E R

(Heard through Hybrid mode)

This is a Petition filed by Mr. Bijal Kantilal Patel in the capacity of contributory and Director under Section 248(8) read with 271 and 272 of the Companies Act, 2013 read with Companies (Winding Up) Rules, 2020 praying for the Winding up of Shrijee Developers Limited (hereinafter, "Struck Off Company" or “Company”). The prayer of the Petitioners is extracted below, (a) That directions may please be given, by this Hon’ble Tribunal that the Company Shrijee Developers Limited, may be wound up by the Tribunal under the provisions of Sec 248(8) read with 271 and 272 of the Companies Act, 2013 and Companies (Winding up)

Rules, 2020.

(b) That the Liquidator may be appointed by this Hon’ble Tribunal under the Provisions of the Companies Act, 2013 read with Companies (Winding up) rules, 2020 for carrying out winding up process of the Company.

(c) That the cost for the Company Petition No.CP/22(CHE)/2024, this amendment application and the winding up proceedings including the Liquidator’s charges to be made out of the assets of the Company.

2. It is stated that the Company was incorporated on 16.11.1998 under the provisions of Companies Act, 1956 with CIN U45201TN1995PLC033552 with its registered office situated at 17, Lock Street, Kotturpuram, Chennai - 600085, Tamil Nadu, India. The main object of the Company as per the Memorandum of Association is extracted hereunder, i. To carry on business of property times shares building and housing lay out, develop, construct, build, erect, demolish, re-erect, alter, repair, remodel or do any other work in connection with any building or building scheme, roads, highways, docks, ships, sewers, bridges, canals, wells, springs, serais, dams, power plants, bours, wharves, ports, reservoirs, embankments, tramway, railways, irrigations, reclamations, improvements, sanitary, water, gas, electric light, telephonic, telegraphic and power supply works or any other structural or architectural work of any kind whatsoever and for such purpose to prepare estimates, designs, plants, specification or models and do such other or any act that may requisite therefore, ii. To purchase, acquire, take on lease, or in exchange or in any other lawful manner any area, land, building, structures and to turn the same into account, develop the same and dispose or maintain the same and to build townships, markets, or other buildings or conveniences thereon and to equip the same or any part thereof with all or any amenities or conveniences, drainage facility, electric, telegraphic, telephonic, television installations and to deal with the same in any manner whatsoever.

iii. To build, take on lease, purchase or acquire any manner whatsoever any apartment, houses, flats, rooms, huts, or other accommodation for men or animals, and to let or dispose of the same of installment basis, rent-purchase basis or by outright sale whether by private treaty or by auction, or in any other mode of disposition all or any integral part thereof.

iv. To carry on the business of town-planners, surveyors, values, appraisers, decorators, furnishers, furniture makers, merchants, dealers in cement, steel, iron, fuel, coke, woods, coal, timber and other building requisites, job contractors, c

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