IN THE NATIONAL COMPANY LAW TRIBUNAL

ALLAHABAD BENCH, PRAYAGRAJ

_______________________________________________________________

(Application under Section 252(3) of the Companies Act, 2013).

IN THE MATTER OF:

Titanium Hospital Private Limited

Having its Regd. Office at:

C/o-Stayendra Nath Gupta –At-A4, Budh Vihar Part-A, Taramandal,

Gorakhpur, Uttar Pradesh-273001, India, through its Shareholder, Sashi Shekhar, S/o Ved Prakash Mishra, Resident of Ambika Nagar, Motihari,

District: East Champaran, Bihar-845401, India.

……… Petitioner.

Versus

The Registrar of Companies,

Kanpur, 37/17, Westcott Buidling

The Mall, Kanpur-208001, U.P.

………Respondent

Order Pronounced on: 04.06.2025

Coram:

Mr. Praveen Gupta. : Member (Judicial)

Mr. Ashish Verma : Member (Technical)

Appearances:

Sh. Surendra Singh, Adv. : For the Petitioner

Sh. Krishna Dev Vyas, Adv. : For the ROC Sh. Krishna Agarwal, Sr. S.C. : For the IT Deptt. Sh. Vipin Kumar Kushwaha proxy : For the Caveator for Sh. Shahid Kazmi, Advs.

ORDER

1. This Petition has been filed on 06.06.2023 by Titanium Hospital Private Limited (hereinafter referred as the Appellant/ Appellant Company) through one of its Shareholder/Member Mr. Shashi Shekhar (DIN: 06869112) under Section 252(3) of the Companies Act, 2013, (hereinafter referred as the Act) praying for restoration of the Company’s name i.e. Titanium Hospital Private Limited in the Register of Companies maintained by the ROC. Upon examination of the record, it has been found that the Company was struck off by the ROC under section 248(1) of the Companies Act, 2013 due to non-filing of e-Form INC 20A under Section 10A of the Companies Act, 2013. Therefore, the Appellant Company is eligible for filing of appeal under section 252(1). Therefore, this petition is considered as an appeal filed under Section 252(1) instead of Section 252(3), and hereinafter it will be treated as an appeal under Section 252(1).

2. As averred in the Appeal, the Appellant Company was incorporated on

16.03.2021 having CIN No. CINU85110UP2021PTC143628 and the registered office at C/o-Stayendra Nath Gupta, A4, Budh Vihar Part-A, Taramandal, Gorakhpur, Uttar Pradesh-273001, India, hence this Tribunal has jurisdiction upon the Appellant Company. The Authorized share capital of the Appellant is Rs.14,00,000/- (Rupees Fourteen Lacs) divided into 14,000/- equity shares of Rs.100/- each and issued and subscribed paid-up capital is Rs.10,00,000/- (Rupees Ten Lac).

3. As per the memorandum of association of the Appellant Company, the main object for the operation of the Company, is setting up multi- speciality hospital by way of entering into arrangements with government or public authorities to obtain rights, privileges, or concessions conducive to the business, or via Collaboration, Partnerships, Amalgamations etc.

4. The Appellant submitted that it was carrying on its hospital business as mentioned in its MOA having Reserves and surplus amounting Rs.34,77,820.44 and long term loan and advances of Rs.2,68,796/-, the short term loans and advances of Rs.5,48,100/- and other current liabilities of Rs.8,00,170/- of the creditors, as mentioned in the Balance Sheet for F/Y 2021-22 enclosed at Page-95 of Petition. The Appellant company is having Turnover of Rs.51,88,847 in the Financial year 2021-22 as mentioned in the P/L. Account of F/Y 2021-22 enclosed at Page-96 of petition. The Appellant Company in the Petition has also annexed the audited Balance Sheet for the FY 2021-22, which is reproduced hereunder:

Thus, it has been demonstrated that the Appellant Company is actively involved in running of the business since its incorporation. Further, it has been submitted that the subscribers of its Memorandum have paid their subscription and the Appellant company has filed the relevant Form INC- 22 regarding verification of its Registered office which is evident from the Bank Statements of the Bank A/C No740905000415 maintained by Appellants company in the Bank, ICICI Bank, Taramandal Branch, Gorakhpur and from t