IN THE NATIONAL COMPANY LAW TRIBUNAL

NEW DELHI BENCH, COURT-III

COMPANY APPEAL NO. 140/252(ND)2021

Under Section 252 (1) and 252 (3) of The Companies Act, 2013

IN THE MATTER OF:

MANOJ KUMAR

Resident of:

1780, GALI NO. 9, NEAR ASTHAL MANDIR,

SANGAM VIHAR NEW DELHI-1 … APPELLANT

VERSUS

1. THE REGISTRAR OF COMPANIES

NCT OF DELHI & HARYANA

4th Floor, IFCI Tower, 61,

Nehru Place, New Delhi-110019 … RESPONDENT NO. 1

2. ASHOK SHARMA

A-233, SHIVALIK,

NEW DELHI – 110017 … RESPONDENT NO. 2

3. POOJA SHARMA

A-233, SHIVALIK,

NEW DELHI – 110017 … RESPONDENT NO. 3

Order Pronounced On: 30.06.2025

CORAM:

SHRI BACHU VENKAT BALARAM DAS,

HON’BLE MEMBER (JUDICIAL)

SHRI DR. SANJEEV RANJAN,

HON’BLE MEMBER (TECHNICAL)

APPEARANCES:

For the Applicant : Adv Palash Agarwal For the Respondents : Mr. Vivek Sinha, Adv for R2 & R3 For the IT Dept. : Anurag Ojha, Sr SC, Ms Hemlata Rawat, Mr. V.K.

Saxena, Jr.Scs, Mr. Abhay Singh, Advocates For the RoC : Mr. Nitin Agnihotri, Company Prosecutor

ORDER

PER: DR. SANJEEV RANJAN, MEMBER (TECHNICAL)

1. The present Appeal has been filed by the Appellant, Manoj Kumar, under Section 252 (1) & (3) of the Companies Act, 2013 on behalf of the struck off company i.e., M/s Mihir Exports Private Limited for restoration of its name in the register of companies, maintained in the office of the Registrar of Companies, NCT of Delhi and Haryana. It is stated that M/s Mihir Exports Private Limited’ (hereinafter referred to as the “Struck Off Company”) was incorporated on 30.09.2005 under the provisions of the Companies Act, 1956 and the name of the Company was struck off by the Registrar of Companies, NCT of Delhi and Haryana (Respondent No. 1) vide Public Notice No. ROC-DEL/248(5)/STK- 7/2879 dated 30.06.2017.

2. The Struck off Company’s main business is “1. To act as Merchant Exporters/Export house and carry on in India or elsewhere the business of job work, buying, selling, importing, and exporting, all types of ready made garments, made and wearing apparel, home furnishing and fabrics made from all types of fabrics whether cotton, woolen, silken, mixed, blended or synthetics.

2. To carry on the business of textile bleaching, finishing and processing of all types of fabrics.

3. To open showrooms and all on in India or elsewhere the business of all kinds of garments, made ups, types of wearing apparel, home furnishing and fabrics made from cotton, wool, leather, rayon, polyester, blended polyester, silk or any such other type of fabric and or textile and all types of hosiery goods, handicrafts, leather goods, artificial jewellery, precious and semiprecious jewellery and stones.

4. To carry on the business of trading, importing and exporting all types of raw material, consumables and accessories relating to fabrics, clothings and garments.

5. To carry on the business of commission agent, brokers for all types of fabrics, clothings, garments, accessories, consumable and raw material for fabrics.

6. To act as import and export house and to perform all the functions and undertake all activities, connected therewith in connection with the business referred to above.”

3. The Authorized Share Capital of the Struck-off Company was Rs. 1,00,000/- and the Paid-up Share Capital was Rs. 1,00,000/-.

SUBMISSIONS OF THE APPELLANT:

4. The Appellant submitted that in the year 2016, Respondent Nos. 2 and 3, being Directors of the Struck-off Company, approached him with a proposal to sell agricultural land owned by the Struck-off Company, situated at Khata No. 316, Khatoni 1344, Rakba 1.1100, Gram Gadh Bagar, Tehsil Gadh Mukhteshwar, Ghaziabad, Uttar Pradesh. The Appellant submitted that an Agreement to Sell dated 27.05.2017 was entered into between the Appellant and the Directors of the Struck-off Company i.e., Respondent Nos. 2 and 3 for a total consideration of Rs. 50,00,000/-, out of which Rs. 50,000/- was paid as token money on 06.12.2016 and post-dated cheques of Rs. 49,50,000/- were handed over thereafter.

5. The Appellant contends that despite repeated requests and legal notices