IN THE NATIONAL COMPANY LAW TRIBUNAL

DIVISION BENCH – II, CHENNAI

Comp. Appeal /14(CHE)/2024

(Under Section 252 of the Companies Act, 2013)

In the matter of M/S. OM PRANAV INFRASTRUCTURE ENGINEERING

PRIVATE LIMITED

ANGAMUTHU LOGANATHAN VASUDEVAN LAKSHMISUNDARI

Shareholder cum Director of the

M/S. OM PRANAV INFRASTRUCTURE ENGINEERING PRIVATE LIMITED

No.5/122C, Subramaniya Barathy Street, M.A. Nagar, Redhills, Chennai – 600052.

... Petitioner

-Versus-

REGISTRAR OF COMPANIES, CHENNAI Office of the Registrar of Companies

Block No.6, B wing, 2^nd Floor

Shastri Bhawan, No.26, Haddows Road,

Chennai- 600034, Tamilnadu.

… Respondent

20th December 2024

Order Pronounced on

CORAM

Shri JYOTI KUMAR TRIPATHI, MEMBER (JUDICIAL)

Shri. RAVICHANDRAN RAMASAMY, MEMBER (TECHNICAL)

Present

For Applicant : Mr. T. Jayasankar, Advocate

For Respondent : Mr. Avinash Krishnan Ravi, Advocate

ORDER

This Appeal has been filed by ANGAMUTHU LOGANATHAN VASUDEVAN LAKSHMISUNDARI daughter of Mr. Vasudevan in the capacity of shareholder cum Director of the of the Appellant Company namely, M/S. OM PRANAV INFRASTRUCTURE ENGINEERING PRIVATE LIMITED, under Section 252 of the Companies Act, 2013 for restoration of the name of the Company in the Register maintained by the Respondent / RoC aggrieved

against the order of Strike Off carried out by the Registrar of Companies, Coimbatore under Section 248 of the Companies Act, 2013.

1. The brief facts of the matter are tabulated below: -

S. NO. PARTICULARS FACT a) Name of Company M/S. Om Pranav Infrastructure Engineering Private Limited b) CIN No. U45309TN2021PTC141536 c) Date of Incorporation 22.02.2021 d) Registered Office Address No.5/122C, Subramaniya Barathy Street, M.A. Nagar, Redhills, Chennai –

600052..

e) STK-5 Date 27.09.2022 f) STK-7 Date 26.10.2022 (Publication Date)

g) Reasons for Strike Off The Subscribers to the Memorandum of the company failed to pay their Subscription amount for the value of shares they agreed, which they undertook to pay at the time of incorporation of the company and a declaration to that effect was not filed by the director within the period of 180 days from the date of incorporation of the company as required under Section 10A(1) of the Companies Act, 2013

2. It is stated that the main object of the Company is to Purchase any land, plot(s) of land or immoveable property or any right or interest therein either singly or jointly or in partnership with any person(s) or Body Corporate or Partnership firm and to develop and construct thereon residential, commercial complex or complex(es) either singly or jointly or in partnership as aforesaid, comprising offices for sale or self-use or in partnership as aforesaid, comprising offices for sale or self-use or for earning rental income thereon by letting out individual units comprised in such building(s) as mentioned in the Memorandum. The detailed objects are set out in the Memorandum of Association filed along with the Company Appeal.

3. The Authorised share capital of the company is 15,00,000/- (Rupees fifteen lakhs only) divided into 1,50,000 number of equity shares of Rs.10/- each and issued subscribed and paid-up share capital is Rs.1,00,000/- (Rupees one lakh only) divided into 10,000 equity shares of Rs.10/- each.

4. It is stated that, the company is carrying its business, for which it was incorporated. It is stated that Mrs. Angamuthu Loganathan Vasudevan Lakshmisundari and Mr. Vasudevan Jai Vignesh ,who were the shareholders cum directors of the company were affected by COVID-19. Due to difficulties caused by the pandemic, the appellant was not able to open the bank accounts and the subscribers to Memorandum of Association could not fulfil their subscription obligation within the stipulated period of 180 days from the date of incorporation of the company as required under Section 10A(1) of the Companies Act, 2013. It is also submitted by the appellant that company was struck off vide notification u/s. 248(5) dated 29.10.2022 and marked the status of the company as “Stri