IN THE NATIONAL COMPANY LAW TRIBUNAL JAIPUR BENCH CORAM: SHRI DEEP CHANDRA JOSHI, HON’BLE JUDICIAL MEMBER SHRI MANOJ KUMAR DUBEY, HON’BLE TECHNICAL MEMBER CA No. 61/JPR/2021 &

CA No. 30/252JPR/2020 IN THE MATTER OF:

SANJIV PANDEY …APPELLANT VERSUS REGISTRAR OF COMPANIES & ORS.

…RESPONDENTS MEMO OF PARTIES SANJIV PANDEY R/o: Pandey Nivas, 7, Gopal Bari, Jaipur- 302001 (Rajasthan)

…Appellant VERSUS

1. REGISTRAR OF COMPANIES Corporate Bhawan, C-6/7, Residency Area, Civil Lines, Jaipur-

302001 (Rajasthan)

2. MR. RAJIV PANDEY (Deceased)

7, Gopal Bari, Jaipur- 302001 (Rajasthan)

3. MRS. ROHINI PANDEY

7, Gopal Bari, Jaipur- 302001 (Rajasthan)

4. MR. ROOP NARAYAN BHARADWAJ SD- 190, Tower Apartments, Pitampura, New Delhi- 110088 …Respondents FOR THE APPLICANT : Sanjiv Pandey, In person FOR THE RESPONDENT(S): Pooja Singh JTA for RoC Nivedita R. Sarda, Adv.

Navneet Khera, Adv.

Sagrika Joshi, Adv.

Order Pronounced On: - 04.07.2023

ORDER

Per: Shri Deep Chandra Joshi, Judicial Member

1. This Appeal has been filed in the matter of M/s Bhardwaj Communications Private Limited (‘Company’), through its creditor Mr. Sanjiv Pandey (‘Appellant’) under Section 252(1) of the Companies Act, 2013 and other applicable provisions thereof, praying for the restoration of the Company’s name in the Register of Companies maintained by RoC, Jaipur (‘RoC’). It is stated that the RoC struck off the name of the Company from the Register of Companies due to default in statutory compliance, namely, failure to file Annual Return and Financial Statement since its incorporation i.e. 15.02.2007. The name of the Company is stated in Form STK-7 dated 20.09.2018, a copy of which is attached as Annexure - 3 of the Appeal. Aggrieved by issuance of Form No. STK-7, this appeal has been filed under Section 252(1) of the Companies Act, 2013 by the Appellant.

2. The Appellant has impleaded the Directors of the Company as party respondents and submitted that as per the record of Ministry of Corporate Affairs (‘MCA’), Respondent No. 2 & 3 were disqualified for non-filing of Annual Returns and Balance Sheet for more than three Financial Years for M/s Rajasthan Development Trust Pvt Ltd. The registered address of the Company, restoration of which is being sought by the present Application is at: Pandey Chamber, 6, Gopalbari, Ajmer Road, Jaipur.

3. Moreover, it has been contended that House No. 6, Gopalbari, Jaipur was the individual property of late Mr. S.D. Pandey who had let out the ground floor of the building to one partnership firm namely M/s S.D.Pandey & Co. Chartered Accountants on rent. After his death, the legal heirs including the Appellant became owners of the property and started receiving rent from the let-out property in which the CA firm was continuing its business operations.

4. Thereafter, it is contended that without obtaining the permission of the legal heirs of Mr. S.D. Pandey, the Respondent No. 2 and Respondent No. 3 incorporated the company M/s Bhardwaj Communications Pvt. Ltd. as promoters and filed Form 18 showing that the registered office of the company is located at Pandey Chambers 6, Gopal Bari, Jaipur. Even though the Company is using the same as its registered office, no rent has been preferred to any of the legal heirs of late Mr. S.D. Pandey. The Appellant has also preferred a Complaint under Section 234 of the Companies Act,1956 to the office of the Respondent No. 1.

5. The Registrar of Companies has preferred the reply vide diary No. 864/2020 dated 27.11.2020 mentioning that the company had not filed its statutory returns i.e. Annual Return and Financial Statement since incorporation and in exercise of its power conferred in Respondent (RoC) had struck off the name of the company under Section 248 of the Companies Act, 2013 after giving the due notices under Section 248(1) of the Act. No objections were raised towards the restoration of the Company.

6. The Respondent Nos. 2 & 3 have preferred the reply vide diary No.

1071/2020 dated 16.12.2020 stating as follows:

6.1. The