Striking off a company's name while oppression proceedings are pending contravenes legal principles and judicial authority.

ORDER

1. The instant Company Appeal CA No. 44/252/HDB/2025 is filed by Dilip Kumar Agarwal , (Appellant) Shareholder and former director of M/s Jeethendra Apartments Private Limited (Company/ 2nd Respondent), under S ection 252 of the Companies Act, 2013 , inter alia, seeking to set aside the proceedings of the Registrar of Companies (RoC/1st Respondent) striking off the name of Company, vide No.ROC-Hyd/STK-07/Co.Nos.2675/2022 dated 29.03.2022. The appellant seeks the following Reliefs/Interim Reliefs:

1.1. T o direct the Respondent to restore the name of M/s.

Jeethendra Apartments Private Limited in register of Companies under Section 252 (3) of the Companies Act, 2013 .

1.2. T o direct the Appellant to deliver a copy of the order of this National Company Law Tribunal within thirty days from the date of receipt of the order as required under rule 87A (3)(a).

1.3. T o d irect the Respondent to publish the order of this National Company Law Tribunal in the official Gazette as required under rule 87A (3)(b).

1.4. A ny other consequential, incidental or other order(s) as this Tribunal may deem fit.

The Application

2. The Appellant submits that the Company was incorporated ¹ on

11.09.2000 under the provisions of the Companies Act, 1956, having its registered office at Villa No.2, Survey No. 109 to 114 Varnpuguda, Kapra, Hyderabad-500062. The main objects of the Company are to

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carry on the business of developers, builders and contractors, and for that purpose to purchase, sell, develop, lease, acquire, or otherwise deal in lands, buildings, factories, and to develop and construct townships, commercial, agricultural, industrial properties, farm houses, and commercial complexes.

3. The Authorised Share Capital of t he Company is Rs.10,00,000/-

divided i nto 1,00,000 Equity Shares of Rs. 10/- each. The issued subscribed and paid-up capital of the Company is Rs. 2,43,000/-

divided into 24,300 Equity Shares of Rs. 10/-.

4. The Appellant states that pursuant to Public Notice ² No.

ROC-Hyd/STK-07/Co.Nos.2675/2022 issued in Form STK-7 dated 29.03.2022 by the Ministry of Corporate Affairs, at the instance of the Respondent Registrar of Companies, the name of the Company was struck o ff from the Register of Companies along with 2675 other companies on the grounds stated therein. Being aggrieved by the said action, the present application has been filed.

5. This Appeal is filed by Dilip Kumar Agarwal, Shareholder and former director of the Company holding 3300 Equity Shares of Rs.10/- Face value. Mr. Dilip Kumar Agarwal is represented by his General Power of Attorney ³ Holder Mr. Prem Kumar Sanghi, who is a resident of Flat No. 301, Ihsan Surabhi Arcade, Skyline Theatre lane, Basheerbagh, 5000

6. It is submitted that the Appellant is a successful businessman settled in the United States of America. With an intention to foray into the real estate business in India, the Appellant funded the Company as well as its sister concern, namely Jeethendra Apartments Private Limited. S ince the legal position at the relevant time regarding shareholding by PIOs/NRIs in Indian companies was unclear, the shares of the Company were allotted in the names of certain family

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members of the Appellant, including one Mrs. Santosh Bai Gupta, who is the wife of the Appellant’s brother.

7. It is further submitted that one Mr. Manoj Kumar Gupta, nephew of the Appellant and son of Mrs. Santosh Bai Gupta, was entrusted with the day-to-day operations of the Company. The Appellant asserts that the said family members were holding the shares nominally on behalf of the Appellant.

8. In order to facilitate the smooth conduct of business, the Appellant executed a General Power of Attorney date