NATIONAL COMPANY LAW TRIBUNAL

CHANDIGARH BENCH (COURT-II), CHANDIGARH

CP No. 13/Chd/Hry/2023

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

In the matter of:

BBN Tele Infra Private Limited

[CIN-U64200HR2016TCO65673] Represented through its Director:

Sh. Jitender Yadav

Having its Registered Office at

Village Kadaipur, Near Sector-10 A

Gurgaon, HR-122001

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,

Room No. 356 C.R building, IP Estate

New Delhi

Respondent No. 2

Order pronounced on: 16.12.2025

CORAM: KHETRABASI BISWAL, MEMBER (JUDICIAL)

KAUSHALENDRA KUMAR SINGH, MEMBER(TECHNICAL)

Appearance:

For the Applicant : Mr. Karanveer Jindal, Advocate

For the Income Tax Department : Mr. Varun Issar, Senior Standing Counsel For the ROC Delhi & Haryana : Ms. Chetna Kandpal, AROC ORDER

1. The present Application has been filed, by BBN Tele Infra Private Limited (hereinafter referred to as ‘Applicant’/‘Company’), represented through its Director Sh. Jitender Yadav, 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 averments as made in the present Application and presented by the Learned Counsel are summarised as under:

i. The Company was incorporated under the Act as a Private Company on 6th September 2016, vide CIN U64200HR2016TCO65673 under the name and style of "BBN Tele Infra Private Limited". A copy of Memorandum and Articles of Association of the Company and the Certificate of Incorporation is enclosed at Annexure F and D to the Application. The Registered Office of the company is situated at Village kadipur, near sector-10A Gurgaon HR-122001 and the status of the Company is Strike off.

Copy of Master Data is enclosed as Annexure A to the Application.

ii. The Authorized Share Capital of the Company is Rs. 100,000.00/- (One Lac) divided into 10,000 (Ten thousand) Equity Shares of Rs. 10/- (Rupees Ten) each. The paid up capital of the company is Rs. 100,000.00/- (One Lac.) As on the date of this appeal, there are two shareholders in the company.

iii. While carrying out the business and operations of the Applicant, it came to the knowledge of the existing directors that certain statutory filings were required to be done annually as well as upon happening of certain events, which have been inadvertently not being done. Upon further enquiry with the RoC, the directors came to know that inadvertently the statutory filing with the RoC has not been done in terms of the provisions of the Act.

iv. The RoC struck off the Applicant company's name due to defaults in statutory compliances, namely, failure to file Financial Statements & Annual Return for the 2017-18.

v. The Company has been active since incorporation and has also been maintaining all the requisite documentation, as per the provisions of the Act.

vi. The Company attempted to file Financial Statements, Notice & Director report, MGT-9 and other statutory returns from the year ending at 31.03.2017 to 31.03.2018 however the same was not accepted by the RoC.

vii. The Company has been doing its business and operation on a going concern basis during the last financial years and has attained the growth which was desired by the management of the Company to achieve the desired elevation in industry in which the Company was operative.

viii. Initially the Company was working well but thereafter, both the aforesaid partners had some family dispute so that meeting could not be held and signing of financials could not have happened and therefore annual filing could not be done. The Applicant was unable to upload annual return forms in October 2022 as the company has been struck off as per STK7 noti