IN THE NATIONAL COMPANY LAW TRIBUNAL

ALLAHABAD BENCH, PRAYAGRAJ

_______________________________________________________________

C.P. No. 15/ALD/2023

IN THE MATTER OF:

An Appeal under Section 252(3) of the Companies Act, 2013.

IN THE MATTER OF:

UK INFRA REALTECH PRIVATE LIMITED

Having its Regd. Office at

F.No. S-104, 23/1, Master Jahar Road, Allahabad, U.P.-211001

………Appellant No.1 Through its Director

Umakant Mishra

S/o Late Ram Raksha Mishra

R/o Aajo, Nevaraha, Jaunpur, U.P.-222201

………Appellant No.2

VERSUS

THE REGISTRAR OF COMPANIES, KANPUR, UP

37/17, WESTCOTTT BUILDING, THE MALL

KANPUR-208001.

………RESPONDENT

Order pronounced on 16th April, 2024

CORAM: 1. Hon’ble Shri Praveen Gupta, Member (Judicial)

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

PRESENT:

For the Petitioner : Sh. Piyush Kesarwani, PCS with Sh. Anurup Dutta, Adv.

For the ROC: Sh. Krishna Dev Vyas, Adv.

For the IT Department : Sh. Niraj Kr. Singh For Sh. Krishna Agarwal, Sr.S.C.

ORDER

1. This Appeal has been filed on 25.12.2022 by M/s UK Infra Realtech Pvt. Ltd. (hereinafter referred to as Appellant/Appellant Company) through its Director Mr. Umakant Mishra under Section 252(3) of the Companies Act, 2013, (hereinafter referred as the Act) against the order of the Registrar of Companies, Uttar Pradesh, Kanpur (hereinafter referred as “ROC/Respondent”) striking off the name of the Appellant Company from the Register of Companies with a prayer to restore the name of the Company i.e. UK Infra Realtech Pvt. Ltd. in the Register of Companies maintained by the ROC. Later, an affidavit was filed on 30.01.2024 by the Appellant to treat the present petition u/s 252(1) instead of

252(3).

2. M/s UK Infra Realtech Pvt. Ltd. i.e. the Appellant Company was incorporated on 22.07.2016 under the Act bearing CIN: U70109UP2016PTC085120. The registered office of the Company is stated to be at F. No. S-104, 23/1, Master Jahar Road, Allahabad- 211001.

3. The Appellant Company is stated to be carrying on the business of purchasing, acquiring, leasing, or exchanging land, buildings, and structures, developing them, and disposing of or maintaining them, building townships, markets, residential and commercial buildings, and equipping them with amenities such as drainage, electricity, telephones, and television installations, developing and maintaining various structures, including houses, apartments, hospitals, schools, highways, roads, and pavements, purchasing or leasing land, preparing layouts, and constructing buildings for various purposes since its incorporation.

4. The Appellant company is stated to be having an authorized and fully paid-up share capital of Rs. 1,00,000/- and is managed by three directors namely Umakant Mishra, Suman Mishra and Dupesh Yadav.

5. The name of the appellant company is stated to have been struck off from the Register of Companies by the Respondent ROC due to the reason that the Appellant Company has not been carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of dormant company under Section 455. A notice in STK-5 u/s 248(4) of the Act regarding this matter was published in Gazette of India on 07.03.2022 proposing striking off the name of the Company from the Register of Companies and dissolving it for which objection by any person was invited. However, the Appellants contends that they did not receive this notice either u/s 248(1) in STK-1 or u/s 248(4) in STK-5 and therefore, could not reply the same. Consequently, the name of the Appellant Company was struck off from the Register of Companies maintained by the ROC, Uttar Pradesh, Kanpur and the Company was dissolved vide STK-

7 after 30 days of publishing of notice in STK-5. It is contended by the Appellant Company that it engaged a professional who mistakenly failed to file the returns in time due to which the name of the Company was struck off.

6. As contended by the Appellant Company that it has been an ongo