NATIONAL COMPANY LAW TRIBUNAL

CHANDIGARH BENCH (COURT-I), CHANDIGARH

CP No. 87/Chd/Hry/2024

(Application under section 252(3) of the Companies Act, 2013)

In the matter of:

Madhu Bhambri (DIN: 00710101)

D/O Joginder Pal Beri, Member and Director of

Sant Pipes Private Limited

Having its registered office at

House No. 1419, Sector 16, Kheri Kalan, Faridabad,

Haryana - 121002.

Applicant

Versus

1. Registrar of Companies

NCT of Delhi & Haryana

4th Floor, IFCI Tower 61,

Nehru Place, New Delhi-110019 Respondent No. 1

2. Income Tax Department

Through the Nodal Officer,

Principal Chief Commissioner of Income Tax,

NWR, Aaykar Bhawan, Sector 17-E

Chandigarh-160017 Respondent No. 2

Order pronounced on: 25.09.2025

CORAM: KHETRABASI BISWAL, MEMBER (JUDICIAL)

KAUSHALENDRA KUMAR SINGH, MEMBER (TECHNICAL)

Appearance:

For the Applicant : Mr. V. B. Gupta, Advocate

For the Income Tax Department : Mr. Varun Issar, Sr. Standing Counsel

ORDER

The present application has been filed on 16.10.2024, by Madhu Bhambri, Member and Director of Sant Pipes Private Limited, under section 252(3) of the Companies Act, 2013 (hereinafter referred to as ‘Act’) praying for restoration of the name of the company on the Register of Companies maintained by the Registrar of Companies, NCT of Delhi &

Haryana, Delhi (hereinafter referred to as ‘RoC/Respondent No. 1’).

2. The brief facts as stated in the present application are as follows:

(a) The Company was incorporated under the Companies Act, 1956 as a Private Company on 25.09.1995 vide CIN U25202HR1995PTC0328 53 under the name and style of "Sant Pipes Private Limited". A copy of Memorandum and Articles of Association of the Company containing the Certificate of Incorporation and main objects is enclosed as Annexure 1 & 2 to the application. The Registered Office of the company is situated at House No. 1419, Sector-16, Faridabad, Haryana -121002 and the status of the Company is Strike off. Copy of Master Data is enclosed as Annexure 12 to the application.

(b) The present Authorized 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) each and the present Issued, Subscribed and Paid up 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) each. As on the date of this application, there are two shareholders in the company.

(c) The RoC had issued Public Notice No. ROC-DEL/248/STK- 5/2018/2912 dated 18.06.2018 to the Companies who have failed to commence their business within one year of their incorporation or who are not carrying any business or operation for a period of two immediately preceding financial years which also includes name of the company.

(d) The RoC had pursuant to sub-section (5) of Section 248 of the Companies Act 2013 and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016] removed the name of Applicant Company from the register of the companies and the said company stood dissolved pursuant to the Notice of Striking Off and Dissolution No- ROC/DELHI/248(5)/STK-7/4865 dated

08.08.2018.

(e) As the company was not carrying on any operations for a period of two immediately preceding financial years (as indicated by non-filing of the financial statements of the Company for two or more years). So the Registrar had taken the view that the Company is in-operational and removed its name from the Register of Companies.

(f) The Applicant states that the applicant company has been active since incorporation and has also been maintaining all the requisite documentation, as per the provisions of the Companies Act, 2013. So, it cannot be concluded that the Applicant Company is a defaulter or non-functional or a defunct Company. The Applicant company was in the business "To carry on the business in purchase, take on lease or otherwise, acquire all or any part of the business or undertaking or property and assets of any other such person, firm, compan