NATIONAL COMPANY LAW TRIBUNAL CHANDIGARH BENCH (COURT-II), CHANDIGARH (Application under sub-section (3) of section 252 of the Companies Act, 2013)

In the matter of:

Minna Jhakar Director and Shareholder, Paradise Adventures Club Private Limited, R/o House No. 436, Near Shiv Mandir, Saketri, Panchkula, Haryana- 134109 CIN: U92419PB1994PTC015202 Applicant PAN Number: AAECP9962H Versus Registrar of Companies Punjab & Chandigarh, having their Office at

1st Floor, Corporate Bhawan, Plot No. 4- B, Sector 27 - B, Chandigarh – 160019 Respondent Order pronounced on: 14.01.2026 CORAM: MR. KHETRABASI BISWAL, MEMBER (JUDICIAL)

MR. KAUSHALENDRA KUMAR SINGH, MEMBER (TECHNICAL)

Appearance:

For the Applicant Company : Mr. Vishav Bharti Gupta, Advocate For the Income Tax Dept. : Mr. Varun Issar, Sr. Standing Counsel For the ROC : Ms. Deepmala Bagri, DROC ORDER

1. The present Application has been filed on 01.08.2023, by Minna Jhakar (hereinafter referred to as ‘Applicant’), Director having 50% shareholding in the Paradise Adventure Club Private Limited (hereinafter referred to as ‘Company’), under sub-section (3) of section 252 of the Companies Act, 2013 (hereinafter referred to as ‘Act’) read with Rule 87A of the National Company Law Tribunal Rules, 2016 (hereinafter referred to as ‘Rules) praying for restoration of the name of the Company on the Register of Companies maintained by the Registrar of Companies, Chandigarh (hereinafter referred to as ‘RoC/ Respondent).

2. The averments, as made in the Application and as summarised by the learned counsel, are narrated as below:-

(i) The Company was incorporated under the Companies Act, 1956 on 26.10.1994, vide CIN: U92419PB1994PTC015202, as a Private Company Limited by Shares with the Registrar of Companies, Chandigarh, having its registered office situated at #1232, Sector 8, Chandigarh.

(ii) The Company has an authorized share capital of Rs. 5,00,000/- (Rupees Five Lakh Only), divided into equity shares of Rs. 10/- each, and a paid-up capital of Rs. 2,000/-.

(iii) The Applicant Company is engaged in the business of Real Estate Development. A copy of the e-Memorandum of Articles and e-Articles of Association has been annexed at Annexures P-4 to the Application.

(iv) The Company is the owner of land measuring approximately 3.8 acres as per the Jamabandi, which was acquired by the Government of Haryana in the year 1998 under Sections 4 and 6 of the Land Acquisition Act and stands in the name of HUDA in the revenue records. As per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, since the compensation for the said land has not been paid till date, the acquisition of the said land has lapsed as on date. A copy of the Jamabandi of the said land and a copy of the revenue records are attached as Annexures P-5 and Annexure P-6 to the Application.

(v) The Company had challenged the said acquisition vide CWP No. 560 of 2006, titled Arun Kumar and Others vs. State of Haryana, on various grounds, which is lying admitted and pending before the Hon’ble Punjab and Haryana High Court. A copy of the said Civil Writ Petition is attached as Annexure P-7 to the Application.

(vi) The Company, Paradise Adventure Club Private Limited, has now entered into an agreement for developing the said land in the form of a new township as per agreement dated 16.04.2023. A copy of the said agreement dated, 16.04.2023, entered into between the parties, is attached as Annexure P-8 to the Application.

(vii) That as such, since the name of the Company has been struck off and the said land belonging to the Company has been left without liquidating the Company, and also in view of the fact that the Company has now entered into an agreement for developing the said piece of land, the Applicant seeks to revive the name of the Company so as to carry out the said obligations under the agreement and the business opportunity.

(viii) The Applicant is also aggrieved by the act o