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2025 Supreme(Online)(NCLT) 8159

NATIONAL COMPANY LAW TRIBUNAL
Sandeep Mehra – Appellant
Versus
Registrar of Companies Punjab and Chandigarh – Respondent
CP - 70/2024



Advocates:
For the Petitioner:Vishav Bharti Gupta

NATIONAL COMPANY LAW TRIBUNAL

(Application under sub-section (3) of section 252 read with Rule 11 of

National Company Law Tribunal Rules, 2016)

IN THE MATTER OF:

Sandeep Mehra

S/O Naval Mehra Kisore

Member and Director of Elite Fun Projects Private Limited

R/O at 278 Green Avenue, Amritsar, Punjab

…….Applicant

VERSUS

Registrar of Companies, Punjab and Chandigarh

Corporate Bhavan, 1st Floor, Plot No. 4-В Madhya Marg,

Sector 27B, Chandigarh

Email: roc.chandigarh@mca.gov.in

Income Tax Department, Delhi

Through the Nodal Officer Principal Chief Commissioner

of Income Tax, NWR, Aaykar Bhawan, Sector 17-E Chandigarh

….Respondents

Order delivered on: 18.12.2025

CORAM : KHETRABASI BISWAL, MEMBER (JUDICIAL)

: KAUSHALENDRA KUMAR SINGH, MEMBER (TECHNICAL)

Present: -

For the Petitioner : Mr. Vishav Bharti Gupta, Advocate

Ms. Ubhai Bharti Gupta, Advocate

For the RoC : Mr. Krishan Paul Dutt, AROC

For the Income Tax Dept. : Mr. Varun Issar, Senior Standing Counsel

ORDER

1. The present Company Application has been filed by Sandeep Mehra, Member and Director of Elite Fun Projects Private Limited (hereinafter referred to as the “Applicant”) under sub-section (3) of section 252 of the Companies Act, 2013 (hereinafter referred to as “Act”) read with Rule 11 of the National Company Law Tribunal Rules, 2016 (hereinafter referred to as “Rules”) to restore the name of the Company i.e. Elite Fun Projects Private Limited (hereinafter referred as “Company”) in the Register of Companies, maintained by Registrar of Companies.

2. The averments as made in the present Application and presented by the Learned Counsel are summarised hereunder;

(i) The Company was incorporated under the Companies Act, 1956 on 13.04.2012 vide CIN U92321PB2012PTC036140 as a Private Company Limited by Shares with the Registrar of Companies, Punjab and Chandigarh having its Registered office situated at: SCO 1, Varindavan Orchard, Loharka Road, Amritsar, Punjab. The Authorized Share Capital of the Company is Rs. 49,00000/- (Rupees Forty Nine Lac only) divided into 490000 number of equity shares of Rs. 10/- (Rupees Ten each) and the Issued, Subscribed & Paid Up Capital of the Company is Rs. 49,00000/- (Rupees Forty Nine Lac only) divided into 490000 number of equity shares of Rs. 10/- (Rupees Ten each). Copy of Certificate of Incorporation and Memorandum and Articles of Association of the Company is annexed as Annexure-1 and 2. A copy of the striking off notice dated 25.10.2019 is marked as Annexure-11 to the Petition.

(ii) The main object of the Company is to carry on the business of providing public and private amusement and entertainment through establishments such as amusement parks, rides, cinemas, space and technology centres, ropeways, boating and cultural centres, convention and recreation centres, theatres, museums, auditoriums, hotels, resorts, restaurants, spas, tourist facilities, indoor games, health clubs, and related services.

(iii) The Registrar of Companies struck off the Applicant Company’s name from the Register for failure to file financial statements and annual returns for 2017, 2018, and 2019, initiating proceedings under Section 248 of the Companies Act, 2013. The Applicant contends that the procedure prescribed under Section 248(1) of the Act was not duly followed and no notices were received before the issuance of a notice under Section 248(5), through which the Company’s name was published in the Official Gazette for striking off.

(iv) The Applicant maintains that the Company has been active since its incorporation, regularly holding annual general meetings and maintaining all necessary records. It asserts that it is not defunct and has future plans for business expansion and investment through private placement or institutional finance. The Company also maintains a bank account with Indian Bank, Ranjit Avenue, Amritsar.

(v) It is further submitted that the Application is within the 20-year limitation period under Section 252(3) of the Act. The omission to file financial statements and a

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