NATIONAL COMPANY LAW TRIBUNAL

COURT-V, MUMBAI BENCH

3. APPEAL/105(MB)2023

IN THE MATTER OF

PR Commissioner Of Income Tax

VS

Registrar Of Companies Mumbai

U/s 252 (3) of the Companies Act, 2013

Order Delivered on 19.12.2025

CORAM:

SH. NILESH SHARMA SH. CHARANJEET SINGH GULATI

MEMBER (J) MEMBER (T)

Appearance through VC/Physical/Hybrid Mode:

For the Applicant:

For the Respondent:

_____________________________________________________________________

ORDER NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH, COURT – V Company Appeal No. 105 (MB) of 2023 Under Section 252(3) of the Companies Act, 2013 IN THE MATTER OF Pr. Commissioner of Income Tax, Mumbai Aayakar Bhavan, M.K. Road, Mumbai -

APPEAL/105(MB)2023- The above Appeal is listed for pronouncement of order. The

same is pronounced in open court, vide a separate order.

Sd/- Sd/-

CHARANJEET SINGH GULATI NILESH SHARMA

Member (Technical) Member (Judicial)

//Rahul//

400020 … Appellant Versus Registrar of Companies, Mumbai, Maharashtra Everest Building, 100 Marine Drive, Mumbai –

400003 … Respondent No. 1 M/s. Saraswati Trade Centre Private Limited

301, Hinckee Building, 3rd Floor, 155/157, Samuel Street, Majid Bunder, Mumbai –

400009 … Respondent No. 2 Order Pronounced: 19.12.2025 Coram:

Sh. Nilesh Sharma, Hon’ble Member (Judicial)

Sh. Charanjeet Singh Gulati, Hon’ble Member (Technical)

Appearance through VC/Physical/Hybrid Mode:

For the Applicant: - Adv. Abhishek Mishra a/w. Adv. Rakesh Rahate (PH)

For the Respondents: -

1. The present Company Appeal has been filed by the Pr. Commissioner of Income Tax Department (“the Appellant”) under section 252(3) of the Companies Act, 2013 (“the Act”), seeking restoration of the name of M/s. Saraswati Trade Centre Private Limited (“the Erstwhile Company/Respondent No. 2”) in the Register of Companies maintained by Registrar of Companies, Mumbai (“ROC/ Respondent No. 1”). The Appellant has inter alia sought the following prayers:

1. Allow the Company Petition directing the Registrar of Companies, Mumbai, the Opp. Party to restore the name of the Erstwhile Company on the Register of Companies maintained by the Registrar of Companies with retrospective effect from the date on which the name of the Company was struck-off from the register of the Companies.

2. Interim order, the following interim relief:

A. The Order of the Registrar of Companies, Mumbai striking Off the name of the various companies, in so far as it relates to the Erstwhile Company be stayed to Complete the proceedings.

B. And pass such other order/orders Direction/directions as may deem just and Proper in terms of Section 252(3) of the Companies Act, 2013 and/or in the facts and circumstances of the case.

Brief Facts of the Case

2. As per the Master Data, the Erstwhile Company, M/s. Saraswati Trade Centre Private Limited bearing CIN: U65993MH1998PTC116883 was incorporated on 14.10.1998 under Companies Act, 1956. Having registered office at 301, Hinckee Building, 3rd Floor, 155/157, Samuel Street, Majid Bunder, Mumbai – 400009.

3. The Authorised Shared Capital of the Erstwhile Company was Rs.

1,00,000/- divided into 1,000 equity shares of Rs. 100/- each and the paid-up share capital of the Company is Rs. 1,00,000/-.

4. The ROC, Mumbai issued Public Notice in Form STK-5 dated 03.10.2018, proposing to remove/strike off their name from the Register maintained by ROC, Mumbai, due to the Erstwhile Company not been carrying on any business or operation for a period of two immediately financial years and have not made any application within such period for obtaining the status of dormant company u/s 455 of the Companies Act.

5. The ROC, Mumbai, after receiving no objections pursuant to the issuance of Form No. STK-5, struck off the name of the Erstwhile Company vide its order dated 04.12.2018 in Form No. STK-7 i.e., notice of striking off and dissolution.

6. The present Company Appeal dated 05.06.2023 has been filed under Section 252(3) of the Companies Act, 2013 by the Appellant seeking restoration of the name of the erstwhile Compa