NATIONAL COMPANY LAW TRIBUNAL

INDORE BENCH

COURT NO. 1

ITEM No.204

CP/1(MP)2024

Order under Section 252(3)

IN THE MATTER OF:

Red Carpet Residency Pvt Ltd & Ors ........Applicants

V/s

RoC Gwalior MP ........Respondent

Coram:

Mr. Brajendra Mani Tripathi, Hon’ble Member(J)

Mr. Man Mohan Gupta, Hon’ble Member(T)

PRONOUCEMENT ORDER

Delivered on 12/12/2025

The case is fixed for pronouncement of the order. The order is pronounced in open

Court vide separate sheet.

Sd/- Sd/-

MAN MOHAN GUPTA BRAJENDRA MANI TRIPATHI

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT INDORE C.P. No. 01/IND/2024 [Under Section 252(3) of IB Code, 2016]

In the matter of:

Red Carpet Residency Private Limited and Ors.

286 AG, Scheme No. 74-C, Vijay Nagar, Indore …Applicant Versus Registrar of Companies,Gwalior

3^rd Floor, ‘A’ Block, Sanjay Complex Jayendra Ganj, Gwalior, Madhya Pradesh …Respondent C O R A M:

HON’BLE SH. BRAJENDRA MANI TRIPATHI, MEMBER (J)

HON’BLE SH. MAN MOHAN GUPTA, MEMBER (T)

Order Pronounced on 12.12.25 Appearance:

For the Applicant : Mr. Rakshit Assudani, Adv.

ORDER

1. Present petition has been filed under section 252 (3) of the Companies Act, 2013 (hereinafter as Act) by Red Carpet Residency Private Limited having Authorised share capital of Rs. 10,00,000/- divided into 1,00,000 equity shares of Rs 10/- each, seeking relief against the respondent to restore the name of the company in the Register of Companies maintained by Registrar of companies, Gwalior.

2. The name of the Company was Struck off from the Register on account of the reasons that, the company did not file its Annual Return and Financial Statement since 2018-19. The ROC has published a public notice for Striking off and Dissolution of Company i.e. STK-7 dated 12.04.2022.

Submissions from the Applicant:

3. The Company was incorporated on 11 July, 2011 with CIN: U70101MP2011PTC026367 and the company was engaged in the business of real estate. The Shareholding of the respondent company is as follows:

The balance 8000 shares of the respondent company are in the name of Nidhi Rathi, who has expired.

4. The Company did not file its Annual Returns and Financial Statements since 2018-19 as required under Section 137 of the Companies Act,2013 which resulted into belief on the part of Registrar of Companies (’ROC’) that the company is neither carrying on business nor in operation. Accordingly, Registrar of Companies, Gwalior after complying with statutory formalities as given under Section 248 of the Companies Act, 2013 struck off the name of the company on 12.04.2022.

5. It is submitted that the Company has been carrying on business since its inception in accordance with the objectives mentioned in its Memorandum of Association and has also been maintaining all the requisite documentation as required under the provision of the Companies Act, 2013.

6. It is further submitted that the ROC has initiated proceedings under section 248 of the Companies Act 2013 by order dated

12.04.2022 in Form STK-7. The Respondent struck off the Applicant Company, due to default in statutory compliances namely, failure to file Financial Statements & Annual Return for the period of 2018-19,2019-20,2020-21,2021-22, and 2022-23.

7. It is submitted that the Applicant didn’t receive any show cause notice from Respondent and also no notice intimating removal of name from ROC in Form STK-7 dated 12.04.2022. The said Form STK-7 dated 12.04.2022 does not assign any reason for striking off the name of the Applicant Company and merely makes a reference to a notice dated 22.01.2022 issued in Form STK-5.

8. The Applicant company submitted that it owns properties and assets in its name and is continuously carrying on business and operation. Hence, a great prejudice will be caused if the name of the Applicant company is struck off from the Register of Companies.

9. The Applicant submitted that the Company is ready to comply with the relevant provisions of Companies Act 2013, Further the Company is willing to file the necessary D