IN THE NATIONAL COMPANY LAW TRIBUNAL ALLAHABAD BENCH, PRAYAGRAJ U/s. 252(1) of the Companies Act, 2013 In The Matter of:

An appeal under section 252(1) of the Companies Act, 2013 seeking restoration of the company on the Register of the Companies maintained by the Registrar of Companies, Uttar Pradesh, Kanpur -And-

In The Matter of DRSN INFRATECH PRIVATE LIMITED A company incorporated as a private limited company under the Companies Act, 2013 having registered office at 78, Radha City, Goverdhan Road, Mathura, Uttar Pradesh-281004.

-And-

In The Matter of:-

MR. SAURABH AGARWAL (SHAREHOLDER/DIRECTOR)

MR. DEVANSHU AGARWAL (SHAREHOLDER/DIRECTOR)

………Appellants VERSUS THE REGISTRAR OF COMPANIES, KANPUR, UP

37/17, WESTCOTTT BUILDING, THE MALL KANPUR-208001. ………Respondent Order pronounced on: 09.08.2023 CORAM: 1. Hon’ble Shri Praveen Gupta, Member (Judicial)

2. Hon’ble Shri Ashish Verma, Member (Technical)

PRESENT:

For the Appellants : Shri Ashutosh Gupta along with Shri Gaurav Rana & Shri Ajitesh Kumar, Advs.

For the IT Department : Shri Gaurav Mahajan. Sr. S.C For the RoC, Uttar Pradesh : Shri Shivendra Bahadur, Adv.

ORDER

1. This Appeal has been filed on 16.02.2023 by Mr. Saurabh Agrawal and Mr. Devanshu Agrawal (hereinafter as “Appellants”) under Section 252(1) of the Companies Act, 2013, (hereinafter referred as the Act), who are Directors and Members of “ DRSN INFRATECH PRIVATE LIMITED”, praying for restoration of the Company’s name i.e. DRSN INFRATECH PRIVATE LIMITED (hereinafter referred as “ the Company”) in the Register of Companies maintained by Registrar of Companies, Uttar Pradesh, Kanpur (hereinafter referred as “ROC/Respondent”).

2. DRSN INFRATECH PRIVATE LIMITED (hereinafter called as ‘the Company’) was incorporated on 03.03.2021 as private company limited by shares with registration no. 142774 under the Companies Act, 2013. The Company obtained its Certificate of Incorporation with Corporate Identification Number (CIN) U70109UP2021PTC142774. The registered office is situated at 78, Radha City, Goverdhan Road, Mathura, Uttar Pradesh-281004.

3. The Company is carrying on the business of Millers of all kinds and description in the field of infrastructure, Real Estate etc. including purchase, sale, developing of immovable properties, plotting, builders, contractors, sub-contractors, building experts, advisors, consultants, agents, supervisors, administrators, managers, brokers, decorators, designers, planners, owners and sellers of flats, shops, office, hotels, recreational complexes, multiplexes, industrial estates and all other types of buildings and structures and to develop, erect, install, alter, improve, establish, renovate, repair, buy, sell, let on rent, commercialize, turn to account, fabricate, handle and control, all such land, buildings and structures, and to purchase, sale or deal in all types of immovable properties for resale, and to act as buyer, seller, importer, exporter, manufacturer, agent, distributor, stockiest, or otherwise deal in all types of raw materials, goods, fittings, parts, accessories, now-how, consumables, plant & machineries & tools used for the forgoing purpose and renting of lands, flats and other immovable properties or rights or interests therein or connected therewith.

4. The Company is run by Mr. Saurabh Agrawal and Mr. Devanshu Agrawal as a Directors and Members holding equity shares of 50% each. The Authorized Share Capital of the Company is Rs.10,00,000 /- consisting of 1,00,000 equity shares of Rs.10/- each. Issued, Subscribed and Paid-up Share Capital is 1,00,000/-

consisting of 10,000 equity shares of Rs.10/- each.

5. It is stated that the Directors of the Company came to know the status of the Company while filling the annual returns for the FY-2021-22 that the Company’s name has been struck off by the Registrar of the Companies/Respondent. Later, they found that the Company has defaulted in filing FORM INC-20A, declaration pursuant to commencement of business operations within 180 days from