IN THE NATIONAL COMPANY LAW TRIBUNAL NEW DELH SPECIAL BENCH COURT-IV IN THE MATTER OF:

SECTION 252 (1) and (3) OF THE COMPANIES ACT, 2013 AND IN THE MATTER OF:

ANKUR PROPERTIES PRIVATE LIMITED …APPELLANT/APPLICANT VERSUS REGISTRAR OF COMPANIES, NCT OF DELHI & HARYANA …RESPONDENT Order Delivered on: 15.12.2023 CORAM:

SHRI MANNI SANKARIAH SHANMUGA SUNDARAM, HON’BLE MEMBER (JUDICIAL)

SHRI ATUL CHATURVEDI, HON’BLE MEMBER (TECHNICAL)

PRESENT:

For the Appellant : Ms. Sayantani Basak, Adv. For the ROC : Ms. Shankari Mishra Adv.

ORDER

PER: ATUL CHATURVEDI, MEMBER (TECHNICAL)

1. The present appeal has been filed by the Company i.e., M/s Ankur Properties Private Limited (hereinafter referred as Applicant/Appellant) through its Managing Director under Section 252(3) of the Companies Act, 2013 for restoration of name of the company i.e., M/s Ankur Properties Private Limited, which was struck off by the Registrar of Companies, NCT of Delhi and Haryana (Respondent No. 1) vide Public Notice ROC/DELHI/248(5)/STK-7/4865 dated 08.08.2018 (name of the company under serial no. 1584).

2. Brief facts of the case, as mentioned in the instant application, which are relevant to the issue in questions, are as follows: -

1 a) That the Appellant-Company M/s Ankur Properties Private Limited, bearing CIN: U74899DL1987PTC030133 was incorporated on 29.12.1987 in accordance with the provisions of Companies Act, 1956, having its registered office situated at C-225, Mayapuri Industrial Area Phase-II, New Delhi-110064.

b) That the main object of the Appellant-Company was to carry on the business of builders, contractors, dealers, commission agents, in and manufactures of prefabricates and precast houses, buildings and deal in materials, tools, implements, machinery and metal wise in connection therewith or incidental thereto.

c) That the Appellant-Company owns the property no. C-225, Mayapuri Industrial Area, Phase-II, New Delhi admeasuring 14500 sq. yards. On 23.02.2012 Mr. Ravinder Kumar Juneja and his son Saurabh Juneja joined the Board of Directors of the Company with an understanding that they will make investment in the company for the development of the said property.

d) That in AGM passed a resolution dated 29.09.2014 wherein V.

Sachdeva & Associated has been appointed as auditor of the appellant company for the period of 01.04.2014 to 31.03.2019.

e) That a dispute between Promoters and Shareholders of the Appellant-Company with Junejas’ ensued which resulted into filing of cross suits before Hon’ble Delhi High Court. Vide order dated 02.11.2016 all cases pending between the parties were placed for consideration altogether before Hon’ble Delhi High Court. These cases were fixed for 07.11.2016, whereupon all the suits were referred to arbitration “to adjudicate upon disputes and differences arising between parties”. In the meantime, Junejas’ have discretely resigned from the post of directors of the company by filing Form No.

DIR-11.

f) That the Chartered Accountant of the company failed to discharge its duty resulting into non-filing of the statutory compliances within time with the Respondent.

2 g) That the shareholders/directors of the Appellant-Company undertake to comply with the requirements under section 248 of the Companies Act, 2013 once this Tribunal set aside the order/noted dated 08.08.2018 qua appellant company.

h) That as far as filing of Income Tax Return under Income Tax Act is concerned, the company has been filing the same before the Income Tax Authorities every year. A copy of ITR acknowledgment for the Assessment Year 2020-21, 2021-22 and 2022-23 is placed on record.

i) That the Appellant-Company has not filed any writ petition or suit before any court of law or any other bench or the Board with respect to the instant matter.

3. This Tribunal vide order dated 24.12.2020 directed the Appellant to serve notice to the Registrar of Companies and Income Tax Department. Pursuant to notice, Registrar of Companies, NCT of Delhi and Haryana (Respondent) had appeared