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NATIONAL COMPANY LAW TRIBUNAL
Mohan Prasad Tiwari, Member (Judicial), Charanjeet Singh Gulati, Member (Technical)
Deepak Ashutosh Bharadwaj – Appellant
Versus
Registrar of Companies, Mumbai – Respondent
| Table of Content |
|---|
| 1. company incorporation, business objects, and strike-off background (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 9 , 12) |
| 2. appellants' claim of operational status and restoration undertaking (Para 8 , 10 , 11 , 13) |
| 3. roc justifies strike-off due to non-filing and no operations (Para 14) |
| 4. roc followed due procedure; company failed statutory filings (Para 15 , 16 , 17) |
| 5. section 252(3) criteria for restoration: operations or justice (Para 18 , 19) |
| 6. nil revenue disproves operations; distinguishable precedents (Para 20 , 24) |
| 7. conditional lease unfulfilled; no substantial assets (Para 21 , 22 , 23) |
| 8. appeal dismissed; no grounds for restoration (Para 25) |
ORDER
1. The present Company Appeal has been filed under section 252(3) of the Companies Act, 2013 by Mr. Deepak Ashutosh Bhardwaj and Suhani Deepak Bhardwaj, Shareholders and Directors of Radiant Inn Private Limited, seeking restoration of the Company’s name in the Register of Companies maintained by ROC, Mumbai which had been struck off by the RoC vide STK-5 notice dated 19.07.2018 and STK-7 Notice no. ROC-MUM/SECTION248/2ND Drive/STK-7/752412.09.2018.
Brief Facts
2. Radiant Inn Private Limited (hereinafter referred to as the “C
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