NATIONAL COMPANY LAW TRIBUNAL CHANDIGARH BENCH (COURT-II), CHANDIGARH CP No. 35/Chd/Chd/2023 (Application under section 252(3) of the Companies Act, 2013)

In the matter of:

Kirandeep Singh Sidhu (DIN: 07719076)

S/0 Surjit Singh Member and Director of Kirandeep Singh & Sons Private Limited.

R/O Near Malko Ki Dabwali Road, Village Abul Khurana, Sri Muktsar Sahib Punjab India 152114 PAN: CURPS6552A Applicant Versus

1. Registrar of Companies Punjab and Chandigarh Corporate Bhavan, 1st Floor, Plot No. 4-В Madhya Marg, Sector 27B, Chandigarh - 160019 Respondent No. 1

2. Income Tax Department Through the Nodal Officer, Principal Chief Commissioner of Income Tax, Aayakar Bhawan, Sector 17-E Chandigarh, 160017 Respondent No. 2 Order pronounced on: 14.01.2026 CORAM: KHETRABASI BISWAL, MEMBER (JUDICIAL)

KAUSHALENDRA KUMAR SINGH, MEMBER(TECHNICAL)

Appearance:

For the Applicant : Ms. Swati Saluja, Advocate For the Income Tax Department : Mr. Varun Issar, Senior Standing Counsel For the ROC Chandigarh : Ms. Deepmala Bagri, DRoC ORDER

1. The present Application has been filed, by Kirandeep Singh Sidhu (hereinafter referred to as ‘Applicant’), Member and Director of Kirandeep Singh & Sons Private Limited (hereinafter referred to as ‘Company’), under section 252(3) of the Companies Act, 2013 (hereinafter referred to as ‘Act’) praying for restoration of the name of the company in the Register of Companies maintained by the Registrar of Companies, Punjab and Chandigarh (hereinafter referred to as ‘RoC/Respondent No. 1’).

2. The brief facts as stated in the present Application are as follows: i. The Company was incorporated under the Act on 06.03.2017 vide CIN: U74999PB2017PTC046203 as a Private Company Limited by Shares with the Registrar of Companies, Punjab and Chandigarh. A copy of Memorandum and Articles of Association of the Company and the Certificate of Incorporation is enclosed as Annexure 1 and 2 to the Application. The Registered Office of the company is situated at PO Abulkhurana Teh Malout Shri Muktsar Sahib Muktsar Bathinda Pb 152026 and the status of the Company is Strike off. Copy of Master Data is enclosed as Annexure 14 to the Application.

ii. The Authorized Share Capital of the Company is Rs. 1,00,000/- (Rupees One Lac only) divided into 10,000 number of equity shares of Rs. 10/- (Rupees Ten each) and the Issued, Subscribed & Paid Up Capital of the Company is Rs. 1,00000/- (Rupees One Lac only) divided into 10,000 number of equity shares of Rs. 10/- (Rupees ten each).

iii. Respondent No. 1 herein, struck off the Applicant company's name in the Register of the Company due to failure to carry on any business or operation for a period of two immediately preceding financial year and having not made any application within such period for obtaining the status of a dormant company under section 455 of the Act. Consequently, the Respondent No. 1 initiated proceedings under Section 248 of the Act for the purpose of striking off the name of the company.

iv. The Respondent No. 1 has not followed the procedure prescribed under Section 248 (1) of the Act notices as required under Section 248 (1) of the Act were not received and had proceeded to issue notice under Section 248(5) publishing the name of the Applicant company in the Official Gazette under Section 248(5) of the said Act.

v. The Company has been active since its incorporation. It has been maintaining all the requisite documentation, as per the provisions of the Act. It has also held and convened its Annual General Meetings regularly. Therefore, it cannot be concluded that the Applicant Company is a defaulter or non-functional or a defunct Company. The Company has plans to expand its operations further and in case of need of further investment it is planning to invite funds by tapping private placement channels or by raising institutional finance. In case the company is not revived and remains struck off, it will be its unnatural death in its youth and will strike very hard blow to its contribut