S.No.3 IN THE NATIONAL COMPANY LAW TRIBUNAL HYDERABAD BENCH – 1 ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON

09-08-2023 AT 10:30 AM Appeal 29/252/HDB/2023 u/s. 252 of Companies Act, 2013 IN THE MATTER OF:

Mr. Mahesh Balasubramanyam …Petitioner VS M/s. MVH Infracon Private Limited and another …Respondent C O R A M:-

DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL)

SH. CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)

O R D E R

Orders pronounced, recorded vide separate sheets. In the result, this Appeal is allowed. RoC, Telangana is hereby directed to restore the name of company on payment of Rs. 40,000/- subject to compliance of the terms and conditions mentioned in the order.

SD/- SD/-

MEMBER (T) MEMBER (J)

Vamsi IN THE NATIONAL COMPANY LAW TRIBUNAL HYDERABAD BENCH-I CA No. 29/252/HDB/2023 [U/s 252(3) of the Companies Act, 2013 r/w Rule 87A of the NCLT (Amendment) Rules, 2017 In the matter of:

M/S MVH INFRACON PRIVATE LIMITED (CIN: U45309TG2019PTC130227)

Between:

Mr. Mahesh Balasubramanyam, S/o Mr. Chembravatta Narayanam Balasubramanyam, R/o No. 3, Manovikas Nagar, Old Bowenpally, Progressive Colony, Hyderabad, …Applicant Telangana State- 500009, India.

AND

1) M/s MVH Infracon Private Limited, (CIN: U45309TG2019PTC130227) having its registered office at PT-C, 2-27-120/C, Avanthi Colony, Karkhana, Secunderabad, Hyderabad, Telangana-

500015.

(Company is under strike off as per the master data displayed in MCD portal, hereinafter referred as the Company/Proforma Respondent)

2) The Registrar of Companies Telangana State, 2^nd Floor, Corporate Bhawan, GSI Post, Tattaiannaram Nagole, Bandlaguda, Hyderabad – …Respondents

500068.

Coram:

Dr. Venkata Ramakrishna Badarinath Nandula, Hon’ble Member (Judicial)

Sri Charan Singh, Hon’ble Member (Technical)

Appearance:

For the Applicant : Ms. Prabha Prasad For the Respondent : Mr. Anumula Srikar, AROC Heard on: 26.07.2023 [PER: BENCH]

ORDER

1. This is a Company Application No.29/252/HDB/2023 filed under Section

252(3) of the Companies Act, 2013 (hereinafter referred to as the ‘Act’) filed by Mr. Mahesh Balasubramanyam, who is the Director cum shareholder of M/s MVH Infracon Private Limited (hereinafter referred to as the ‘Company’) inter-alia, seeking direction to the Registrar of Companies, Hyderabad (the ‘RoC’) to restore the name of the Company in the Register of Companies maintained by the Registrar of Companies.

2. The averments made in the Company Application are, briefly as under:-

a. The Company, M/s MVH Infracon Private Limited was incorporated on 01.02.2019 with CIN: U45309TG2019PTC130227, having its registered office at PT-C, 2-27-120/C, Avanthi Colony, Karkhana, Secunderabad, Hyderabad, Telangana- 500015, INDIA.

A Copy of Certificate of Incorporation issued by the RoC is Enclosed as Annexure- A vide page no. 16 of the application.

b. The company is carrying on the business of interior and exterior designers, decorators. furnishers, consultants, and planners, repairers, interior fit out and designers of the buildings, the housing complexes, township projects, bungalows, parks, farmhouses, holiday resorts, hotels and to deal in all kinds of carpentry works relating to residential or commercial premises thereof.

A copy of the Memorandum of Association and Articles of Association of the Company is Enclosed as Annexure- C vide page nos. 23-55 of the application.

c. The Authorised Share Capital of the Company is Rs. 1,00,000/ (Rupees One Lakh only) divided into 10,000 (Ten Thousand) Equity Shares of Rs.10/ (Rupees Ten only) each. The minimum paid up capital of the company is as Stated in the Articles of Association (for short ‘AOA’) shall be as maybe decided by the Company from time to time and subject to the provisions of the Acts and Rules.

d. The Applicant submits that as per the MoA and AoA of the company, the subscribers had paid the subscription amount on 17.04.2019 into the Company/Respondent No.1’s Bank account, as undertaken to be paid at the time of incorporation of the company and had hired