2025 Supreme(Online)(NCLT) 4709
NATIONAL COMPANY LAW TRIBUNAL
SUNNOVA ENERGY SOLUTIONS (OPC) PRIVATE LIMITED – Appellant
Versus
REGISTRAR OF COMPANIES – Respondent
CP - 12/2025
For the Petitioner:NIKHIL JAIN GANGWAL
03
ORDER SHEET OF THE HEARING ON 21st AUGUST 2025
CP/12/GB/2025
Present: 1. Hon’ble Member (Judicial), Shri Rammurti Kushawaha
2. Hon’ble Member (Technical), Shri Yogendra Kumar Singh
Sunnova Energy Solutions (OPC) Private Limited
In the Matter of Vs
Registrar of Companies
Under Section U/s 252(3) of Companies Act, 2013
Appearances (via video conferencing/physically)
For Petitioner (s) : Mr. N. Jain Gangwal, CS
For Respondent (s) : Mr. A. K. Sethi, ROC, NER
ORDER
Order pronounced in open court vide separate sheets.
Sd/- Sd/-
Yogendra Kumar Singh Rammurti Kushawaha
Member (Technical) Member (Judicial)
Subhajit(steno)
A Petition under Section 252 of the Companies Act, 2013 seeking restoration of the name of the company on the Register of Companies maintained by the Registrar of Companies, Shillong;
In the matter of:
M/S Sunnova Energy Solutions (OPC) Private Limited, a company incorporated under the Companies Act, 2013 having its Registered Office At Chandan Nagar, Bylane-
14,Jorhat, Assam,India-785001;
… Struck off Company/Petitioner -Versus-
The Registrar of Companies, North Eastern Region, having its Office at 1st Floor, BSNL Bhawan, Pan Bazar, Guwahati--781001, Assam … Respondent Coram:
Shri Rammurti Kushawaha : Member (Judicial)
Shri Yogendra Kumar Singh : Member (Technical)
Appearances (through video conferencing)
For the Applicants : Mr. N. J. Gangwal, CS For the Respondent : Mr. A. K. Sethi, ROC, NER Order pronounced on: 21.08.2025 __________________________________________________________________________________________
ORDER
1. This Company Petition has been filed under Section 252 of the Companies Act, 2013 (“Act”) by M/S Sunnova Energy Solutions (OPC) Private Limited, seeking for restoration of the name of the company which has been struck off from the Register of the Companies maintained by the Registrar of Companies, Shillong vide Notice No. ROC/GHY/248(5)/STK-7/DriveIV/2022/1/912 dated 08.02.2022. The Petitioner prays for the following reliefs:
a) The name of the Company namely M/s. Sunnova Energy Solutions (OPC) Private Limited be restored to the file and/or to the register of the Registrar of Companies, NER.
b) The respondent be directed to rectify the master data by changing the status from "Strike Off to Active" within the specific time as this Hon’ble Tribunal may deem fit and proper.
c) An order be passed directing the respondent to place the name of the Company in the same position as if the name of the Company had not been struck off.
d) Injunction restraining the respondent whether by himself or by his servants or agents or assigns or otherwise howsoever from taking any step or further steps in terms of the Gazette of India Notification in any manner whatsoever.
e) That in light of the facts and circumstances of the present case and considering the genuine and bonafide efforts made by the Petitioner to continue its business operations despite financial constraints, it is most respectfully prayed that no costs be imposed upon the Petitioner for the restoration of the Company’s name.
f) Ad-interim order in terms of prayers above.
g) Such further order or orders be passed and/or direction or directions be given as to this Hon’ble Tribunal may seem fit and proper.
2. The averments made in the Petition are mainly to the following effect:
2.1 The Petitioner Company was incorporated on 27.06.2017 vide CIN:
U40106AS2017OPC018001. As per the details available on the MCA Portal, the present Authorized Share Capital of the Company is Rs 1,00,000/- divided into 10,000 Equity shares of Rs. 10/- each. The present issued, subscribed, and __________________________________________________________________________________________
paid-up share capital of the Company is Rs 1,00,000/- divided into 10,000 equity shares of Rs. 10/- each.
2.2 It is respectfully submitted that the Petitioner was completely unaware of the striking off of the Company’s name from the Register of Companies. The Petitioner discovered the "Strike Off" status while accessing the MCA-21 Port