IN THE NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI COURT-V Item No.-203 Appeal No.-255/252/ND/2022 IN THE MATTER OF:

M/s Akhil Raj Banga & Anr. ….Applicant Vs.

ROC …..Respondent SECTION U/s 252 Order delivered on 04.10.2023 CORAM:

SHRI MAHENDRA KHANDELWAL, HON’BLE MEMBER (JUDICIAL)

RAHUL BHATNAGAR, HON’BLE MEMBER (TECHNICAL)

PRESENT:

For the Applicant : For the Respondent :

ORDER

Order pronounced in open court vide separate sheets. Appeal No.-

255/252/ND/2022 is allowed.

Sd/- Sd/-

(RAHUL BHATNAGAR) (MAHENDRA KHANDELWAL) MEMBER (T) MEMBER (J)

IN THE NATIONAL COMPANY LAW TRIBUNAL COURT-V, NEW DELHI Appeal No.255/252/ND/2022.

IN THE MATTER OF:

AVT IMPEX PRIVATE LIMITED S-438, IST FLOOR, GREATER KAILASH-2 NEW DELHI 110048.

CIN: U51909DL2003PTC122455 AND IN THE MATTER OF:

M/s. AKHIL RAJ BANGA & ANR .....APPELLANTS VERSUS REGISTRAR OF COMPANIES & ANR. ....RESPONDENTS Memo of Parties

1. M/s. AKHIL RAJ BANGA & ANR.

S-438, IST FLOOR, GREATER KAILASH-2 NEW DELHI 110048. …..APPELLANT 1

2. MR. TATVINDER KUMAR BANGA S-438, IST FLOOR, GREATER KAILASH-2 NEW DELHI 110048. ….. APPELLANT 2 VERSUS

1. REGISTRAR OF COMPANIES, DELHI & HARYANA

4TH FLOOR, IFCI TOWER, 61, NEHRU PLACE, NEW DELHI-110019.

....RESPONDENT NO.1

2. INCOME-TAX DEPARTMENT NEW DELHI BRANCH GOVERNMENT OF INDIA CHAMBER NO.428-429, DELHI HIGH COURT, NEW DELHI -110001 ...RESPONDENT NO.2 PRESENT:

For the Appellant : Mr. Mr. Anand M. Mishra, Adv. With Mr.

Manjit Singh Thind, CS For the RoC : Ms. Shankari Mishra, Ms. Niharika Tanwar, Advs.

ORDER DELIVERED ON: 04.10.2023 CORAM:

SHRI MAHENDRA KHANDELWAL, HON’BLE MEMBER (JUDICIAL)

SHRI RAHUL BHATNAGAR, HON’BLE MEMBER (TECHNICAL)

PER: SHRI RAHUL BHATNAGAR, HON’BLE MEMBER (TECHNICAL)

1. This Appeal has been filed by the Company named “M/s. AVT Impex Private Limited”

(hereinafter referred to as “the Appellant-Company”) invoking the provisions of Section 252 (3) of the Companies Act, 2013 (the Act) for restoration of the name of the Company in the Register maintained by the Registrar of Companies (RoC), NCT of Delhi & Haryana. The authorized capital of the Appellant-company is Rs.65,00,000/- and paid up share capital is Rs.58,00,000/-.

2. The appellant Company (i.e M/s. AVT Impex Pvt Ltd.), was incorporated on 01.01.2003 as a private limited company and has its registered office at S-438, Ist Floor, Greater Kailash, Part-2, New Delhi 110048 having CIN No.U51909DL2003PTC122455..

3. Since incorporation, the main objects of the Appellant-company as set out in Memorandum of Association are :-

"(i) To carry on the business of imports, exports, buying and selling of consumer goods, home furnishing and liquor in India and abroad.

(ii) To carry on the business of dealers, stockists, importers, exporters of and generally deals in tools, accessories, components, articles and machinery of all type.

4. The Appellant submitted that the Appellant Company without any mala-fide motive and due to lack of professional support and guidance could not file its Annual Returns and Financial Statements for F.Ys 2018-19, 2019-20 and 2020-21 thereby giving rise to the surmise that the business of the company was not in operation. Consequently, its name was struck off by the Respondent-1 from the Register of Companies under Section 248 of the Companies Act, 2013 vide struck off Notice No.ROC-DEL/248(1)/STK-5/2022/535 dated 31.01.2022 followed by Notification No.ROC/DEL/248-(1)/STK-7/2341 dated

20.04.2022 at Sr.No.1245 published in the official Gazette.

5. .Upon notice to the respondents 2, Income-tax Department filed its report dated

24.11.2022 and submitted that though no proceedings are pending against the Appellant- company but following demands are outstanding against the Appellant-

company :-

6. Registrar of Companies, (“RoC”), also filed their report dated 07.03.2023. The RoC in their affidavit stated that the action of striking