NATIONAL COMPANY LAW TRIBUNAL COURT-V, MUMBAI BENCH

2. APPEAL/99(MB)2023 IN THE MATTER OF Nashik Properties Private Limited VS Registrar of Companies Mumbai U/s 252 (3) of the Companies Act, 2013 Order Delivered on 05.02.2026 CORAM:

SH. SUSHIL MAHADEORAO KOCHEY SH. CHARANJEET SINGH GULATI MEMBER (J) MEMBER (T)

Appearance through VC/Physical/Hybrid Mode:

For the Applicant:

For the Respondent:

_____________________________________________________________________

ORDER

APPEAL/99(MB)2023: - The above Appeal is listed for pronouncement of the order.

The same is pronounced in open court, vide a separate order.

Sd/- Sd/-

CHARANJEET SINGH GULATI SUSHIL MAHADEORAO KOCHEY Member (Technical) Member (Judicial)

//Zakir//

IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH COURT V NASHIK PROPERTIES PRIVATE LIMITED CIN: U45400MH2007PTC172543 5, NMC Commercial Complex, Opp St. Andrews Church, Sharanpur Road, Nashik – 422 005 .…Petitioner Vs REGISTRAR OF COMPANIES, MUMBAI

100, Everest, Marine Drive, Mumbai – 400 002, Maharashtra …. Respondent Order pronounced on: 05.02.2026 Coram:

SUSHIL MAHADEORAO KOCHEY, HON’BLE MEMBER (JUDICIAL)

CHARANJEET SINGH GULATI HON’BLE MEMBER (TECHNICAL)

Appearance:

For the Petitioner: Adv Bankim Mehta (VC)

For the ROC Mumbai: Mr. Pranavkumar Agja, AROC (VC)

ORDER

1. This appeal has been filed under Section 252(3) of the Companies Act, 2013 by Nashik Properties Private Limited, having CIN No. U45400MH2007PTC172543 seeking restoration of the Company, which was struck off from the Register of Companies by the ROC, Mumbai.

Brief Facts and Submissions of the Petitioner, in brief:

2. M/s Nashik Properties Private Limited is incorporated under provisions of Companies Act 2013 came to be struck off by the Registrar of Companies in exercise of powers under Section 248 of the Companies Act, 2013 for non-filing of statutory returns for a continuous period of more than two years.

3. The Petitioner Company is incorporated to carry on the business of builders, constructors, developers, contractors and to deal in real estate, lands, buildings, residential and commercial properties, housing projects, townships and allied activities as set out in detail in its MOA. The Memorandum and Articles of Association of the Company were duly adopted at the time of incorporation.

4. It is stated that the Company has two directors on its Board which are as follows:

5. The paid-up share capital of the Company as on 31st March 2014 was Rs.1,00,000/- divided into 10,000 equity shares of Rs.10/- each. The financial year of the Company commences on 1st April and ends on 31st March of the succeeding year.

6. It is submitted that company has Two Equity Shareholders and details of their shareholding are as follows:

7. The Registrar of Companies, Mumbai initiated action under Section

248(1) of the Companies Act, 2013 on the ground that the Petitioner Company had not been carrying on any business or operations for a period of two immediately preceding financial years and had failed to file its statutory returns. A public notice in Form STK-5 bearing reference no. ROC/STK-1/32 dated 19th July, 2018 was issued, wherein the name of the Petitioner Company appeared at Sr. No. 10613, calling for objections, if any, to the proposed striking off of the Company’s name from the Register of Companies.

8. Thereafter, in the absence of any representation, the name of the Petitioner Company was struck off from the Register of Companies vide Notice in Form No. STK-7 vide their Public Notice No. ROC- MUM/Section 248/2nd Drive /STK-1/7254 dated 12.09.2018 wherein the name of Petitioner Company appeared at Sr No. 6382.

9. The Petitioner Company has submitted that it could not file its statutory