IN THE NATIONAL COMPANY LAW TRIBUNAL

NEW DELHI BENCH, COURT-III (SPECIAL BENCH)

Under Section 252(3) of the Companies Act, 2013.

IN THE MATTER OF:

Emess Promoters Private Limited

Having Its Registered Office at:

Flat No. 301, S-5, Greater Kailash-I, New Delhi.

…… Appellant

VERSUS

Registrar of Companies, Delhi

4^th Floor, IFCI Tower, 61,

Nehru Place, New Delhi-110019. …… Respondent

Order Pronounced On: 19.11.2025

CORAM:

SHRI BACHU VENKAT BALARAM DAS, HON’BLE MEMBER

(JUDICIAL)

MS. REENA SINHA PURI, HON’BLE MEMBER (TECHNICAL)

APPEARANCES:

For the Appellant : Mr. Manubhav Anand, Adv.

For the Respondent/RoC : Mr. Chaitanya, Adv.

For the Income Tax Department : Mr. Sanjay Kumar, Ms. Easha, Ms.

Monica, Advs.

ORDER

PER: REENA SINHA PURI, MEMBER (TECHNICAL)

1. The present appeal is filed by the authorized representative of M/s

Emess Promoters Private Limited (Appellant Company) under Section 252(3) of the Companies Act, 2013, against the Registrar of Companies. The application seeks restoration of its name in the Register of

Companies, which was struck off by the Registrar of Companies, NCT of Delhi and Haryana, vide Public Notice No. ROC/Delhi/560(5)/SM/6003/11502 dated 31.03.2008, bearing Entry No. 2885. The prayer of the Appellant Company is as follows:

(a) To direct the Respondent to restore the name of the Petitioner Company to its Register and be pleased to further direct for placing the Petitioner Company in the same position as nearly as may be as if the name of the Company has not been struck of at all (b) Any other order or orders, relief or relief(s) as this Hon’ble Tribunal may deem fit and proper under the circumstances of the whole case.

2. As submitted by the Appellant, the struck off company is a private limited company, incorporated on 14.10.1991 under the provisions of the Companies Act, 1956 with CIN: U45300DL1991PTC046023. The Registered Office of the company is stated to be situated at Flat No. 301, S-5, Greater Kailash-I, New Delhi, which falls within the territorial jurisdiction of this Tribunal.

3. The authorized share capital of the company, at the time of incorporation on 14.10.1991, was Rs 3,50,000. The shareholders, Sh Sudhir Kapoor resident of J-277, Saket, New Delhi and Sh Inder Mohan Mahajan, resident of B-14, Greater Kailash Enclave 1, New Delhi, holding 10 shares each (with face value of Rs 10 each), initially served as directors of the company. This is evident from the Master Data, Page 166 of the Application – Annexure A/11 of the appellant company.

4. In the application, it is claimed that on 27.08.1992, the authorised share capital was increased to Rs 10,00,000, with paid up capital at Rs 1,00,2002. It is claimed that Sh Vijender Goel, son of Late Sh Pirag Chand Goel, acquired 5010 shares and Smt Anandi Devi, wife of Late Sh Pirag Chand Goel acquired 5000 shares; and Sh Vijender Goel

2 The Master Data shows authorised share capital and paid up capital at Rs

(DIN:01057339) and Sh Jai Prakash (DIN:01804891), both sons of Late Sh Pirag Chand Goel, became director on 10.04.2018 and 04.02.2018 respectively. No Objection Certificates by the shareholders and directors of the appellant company are filed with regard to the approval of the present Appeal.

5. The main objects of the Appellant as set out in its memorandum of association are as under:

1. To hold, promote, develop or acquire in India or elsewhere in the world, whether on own account or in association with others or for and on behalf of others, by purchase, lease, exchange, hire or manage, construct, reconstruct, alter, maintain or pull down improve or decorate, renovate, furnish, develop or otherwise any land(s), Pasture(s), waste lands, jungles, agricultural tracts, orchards, buildings, houses, apartments, farms and farm houses, shopping arcades, parking places, muti-storeyed complexes, ware houses, cold storage, Buildings, shops, units, offices, mills and factory buildings and sheds, cinema houses, hospitals and nursing homes, buildings, dams, canals, reservoirs, bridges, hyde