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2023 Supreme(Online)(NCLT) 1411

NATIONAL COMPANY LAW TRIBUNAL
Vaibhav Laxman Tanksali (Shareholder of SILVEREAGLE REALTY PRIVATE LIMITED) – Appellant
Versus
The Registrar Of Companies Pune – Respondent
Appeal - 143/2023



Company Appeal No. 143/MB/2023 Under section 252 (1) of The Companies Act, 2013 In the matter of SILVEREAGLE REALTY PRIVATE LIMITED(CIN: U45209PN2021PTC198840) Dhoot Bungalow, Station Road, near Sahakar Sabhagriha Gangapur Jin Compound, Ahmednagar, Maharashtra, India, 414001, India.

Through its Shareholder, Vaibhav Laxman Tanksali …Appellant v/s THE REGISTRAR OF COMPANIES, PUNE Regd. Office: Pcntda Green Building, Block A, 1st & 2nd Floor, Near Akrudi Railway Station, Akrudi, Pune- 411044, Maharashtra, India.

…Respondent Order delivered: - 18.12.2023 Coram:

Anil Raj Chellan Kuldip Kumar Kareer Hon’ble Member (Technical) Hon’ble Member (Judicial)

Appearances For the Appellant : CS, P.S Thakre ORDER Per: Coram

1. The present Petition has been filed under Section 252 (1) of the Companies Act, 2013 (Act) by SILVEREAGLE REALTY PRIVATE LIMITED (“the Company”), through its Shareholder Vaibhav Laxman Tanksali praying for restoring the name of the Company in the Register maintained by the Registrar of Companies, Pune (ROC).

2. The Petitioner submits that the Petitioner Company has been incorporated to carry out the following objects:

“To carry on, directly or indirectly, in collaboration, joint venture, affiliation, franchise, the business of property owners, builders, contractors, erectors, constructors of buildings, row houses, houses, apartments, structures, or residential office, industrial, institutional or commercial or developer of housing schemes, row houses, town shops, holiday resorts, farm houses, hotels, motels and in particular preparing of building sites, construction, re-construction, erecting, altering, improving, enlarging, developing, decorating, furnishing and maintaining of structures, flats, row houses, houses, factories, shops, offices, garages, warehouses, buildings, works, workshops, hospitals, nursing homes, clinics, godowns, and other commercial, educational purposes and conveniences and to purchase for development, investments or for resale of lands, houses, buildings, structures and other properties of any tenure and any interest therein and purchase, sell and deal in free hold and leasehold land, properties and to make advances upon the security of lands, houses, structures and other property/properties or any interest therein and to purchase, sell, lease, hire, exchange or otherwise deal in any land and house property and other property whether real or personal and to turn the same into account as may seem expedient and to acquire, complete or partial, any entity or company undertaking the business(es) identical to the Company”

3. The Petitioner submits that the Company was incorporated on

23.02.2021 under the Companies Act, 2013. The Authorized Share Capital of the Company is Rs. 10,000/- divided in to 1000 Equity Shares of Rs. 10 each and Issued, Subscribed & Paid up Capital of the Company is Rs. 10,000/- divided into 1000 Equity Shares of Rs. 10/.

4. The Subscribers to the Memorandum have not paid the subscription amount which they had undertaken to pay at the time of incorporation of the Company and a declaration to this had not been filed within a period of 180 days of its incorporation as required under section 10 A (1) of the Companies Act, 2013. Hence the Respondent has initiated proceedings under section 248 the Companies Act 2013 and consequently struck off the name of the Company from the Register maintained by them.

5. The Petitioner submits that the Company was incorporated in 2021 and the management of the Company was working on the business set up of the Company. The Company has taken time to streamline its operations. The Company could not file FORM INC 20A within 180 days as required under the provisions of Companies act and hence the Company got struck off by the ROC PUNE.

6. The Company has duly taken actions for receiving the subscription money from the subscribers and Board of Directors are ready to file the above Statutory Documents (‘Form INC 20’) with payment of Additional fees.

7. The Company

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